Agenda and minutes

To elect the Chair of Licensing Panel E for municipal year 2022-23.

RESOLVED –

THAT Councillor Meric Apak be elected as the Chair for the duration of this meeting.

To agree the guidance for remote meetings held under the Licensing Act 2003 and Associated Regulations.

RESOLVED –

THAT the guidance on remote meetings be agreed.

There were no apologies.

There were no declarations of interest.

Minute’s Silence for Queen Elizabeth II

A minute’s silence was held in memory of HM Queen Elizabeth II.

Broadcast of 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.”

Any Other Announcements

It was announced that Item 10 (Secrets) had been withdrawn.

The meeting was notified that an item of urgent business would be considered.

An application for a summary review had been received from the Metropolitan Police Responsible Authority (“the Police”) at 16:30 on 14th September 2022. Under Section 53A of the Licensing Act 2003 the Police can submit a summary review of a premises licence if they believe the premises is associated with serious crime or disorder or both.  Within 48 hours of the submission, the Licensing Authority must consider whether to take interim steps on the premises licence, pending a full review hearing. Due to these short timescales this item has been put forward as urgent so as to comply with the Licensing Act 2003 and the regulations that accompany it.

To note the terms of reference of the Licensing Panel.

The terms of reference were noted.

To approve and sign the minutes of the meetings held on 28^th April and 3 May 2022.

Consideration was given to the minutes of the meetings held on 28^th April and 3^rd May.

RESOLVED –

(i)            THAT the minutes of the meeting held on 28^th April 2022 be approved and signed as a correct record;

(ii)          THAT the minutes of the meeting held on 3^rd May 2022 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 regarding an application for a new premises licence under Section 17 of the Licensing Act 2003.

The Licensing Officer introduced the report. She said that the Police representation had been withdrawn following discussions with the Applicant, and clarified that the premises was not located in a cumulative impact special policy area.

The Applicant’s Representative, Rebecca Ingram, informed the meeting of an amendment to the application to reduce the hours requested for off-sales to framework hours.

The meeting heard submissions from two Interested Parties: Anne MacGregor and Linus Rees (on behalf of the Charlotte Street Association).

Ms MacGregor made the following points in her submission:

·       She had been a resident of a flat above the premises since 1991;

·       She felt the application had not been advertised sufficiently to inform local residents of the proposals;

·       She had concern about nuisance emanating from customers in the outside area of the restaurant;

·       She also had concerns about noise nuisance from music being played in the premises as well as from customers coming and going late at night;

·       She was concerned about rubbish collection and the danger of uncollected rubbish and food waste building up in the area.

Mr Rees highlighted the following points:

·       The Charlotte Street Association (CSA) had been in negotiation with the Applicant but had not been able to come to an agreement on all points;

·       The key point of difference was that the CSA had wanted the premises to operate solely as a restaurant.

·       The CSA would prefer that the application was refused, but if it was granted they would like to see a restaurant condition, conditions limiting the use of the outdoor area to before 9pm, a limit of 4 to the number of smokers outside, no glass deliveries or collections between 11pm and 8am and, if there was to be a takeaway delivery service, only bicycles and electric vehicles to be used.

A Member asked whether Mr Rees wanted the smoking condition to apply to the forecourt only or to the public highway as well. He said he would like it to apply to both.

Rebecca Ingram presented the Applicant’s case. She responded to Ms MacGregor’s point about the application not being advertised by saying that the application had been advertised in accordance with the requirements of the Licensing Act. She thanked the CSA for engaging with the Applicant and responded to Mr Rees’ suggested conditions by saying that the conditions offered in the supplementary agenda would limit the hours for glass collections and deliveries and that the premises would not be operating a takeaway service.

Ms Ingram said that the Applicant was a chain which operated a high-quality bar-restaurant model. They operated other premises in London and also in Manchester, Liverpool and Portsmouth. Because their model was based around some customers coming in solely for a drink, imposing a restaurant condition would render it unfeasible.

She said that there would be no more than 12 covers  ...  view the full minutes text for item 9.

Report of the Executive Director, Supporting Communities.

This is an application for a Shadow premises licence under section 16 of the Licensing Act 2003.

This item was withdrawn.

REASON FOR URGENCY

An application for a summary review was received from the Metropolitan Police Responsible Authority (“the Police”) at 16:30 on 14th September 2022. Under Section 53A of the Licensing Act 2003 the Police can submit a summary review of a premises licence if they believe the premises is associated with serious crime or disorder or both.  Within 48 hours of the submission, the Licensing Authority must consider whether to take interim steps on the premises licence, pending a full review hearing. Due to these short timescales this item has been put forward as urgent so as to comply with the Licensing Act 2003 and the regulations that accompany it.

A request was received from the Metropolitan Police that the press and public be excluded from the meeting when this item was considered as publicity in respect of it could disclose  information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.

Members agreed to the request and passed the following resolution:

RESOLVED –

THAT the press and public be excluded from the proceedings of the Licensing Panel on 15^th September 2022 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 11 would be likely to lead to the disclosure of information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime by virtue of Category 7 of Schedule 12A of the Local Government Act 1972 (as amended).

Part II

Consideration was given to a report of the Executive Director, Supporting Communities regarding an application for a summary review of a premises licence under Section 53A of the Licensing Act 2003.

The Panel heard from the Counsel for the Metropolitan Police, who were the Applicant for the summary review, and from the solicitor for the Licence Holder.

Having heard from both parties, Members were of the view that it was in the public interest and would uphold the licensing objectives to suspend the licence of the premises.

Part I

Members returned to public session. The Panel -

RESOLVED –

THAT the licence of the Elysee Restaurant be suspended, pending a full review hearing.

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 15^th September 2022 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).