Agenda and minutes

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

Councillor Sylvia McNamara was nominated as Chair of the Panel. There were no other nominations.

RESOLVED –

THAT Councillor Sylvia McNamara be elected Chair of Licensing Panel E 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 Richard Olszewski. It was noted that the Panel was quorate with two Members present.

There were no declarations of interest.

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 be consenting to being filmed.

Supplementary agenda

Since the publication of the agenda, there had been a supplementary agenda issued. The supplementary agenda contained additional submissions from the Applicant and from the Charlotte Street Association.

There were no notifications of urgent business.

To approve and sign the minutes of the meeting(s) held on 18 January 2024.

Consideration was given to the minutes of the meeting held on 18^th January 2024.

RESOLVED –

THAT the minutes of the meeting held on 18^th January 2024 be approved and signed as a correct record.

To note the terms of reference for Licensing Panels.

The terms of reference of licensing panels were noted.

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 summarised the report and informed Members that the Police representation had been withdrawn after agreement was reached with the Applicant.

The Applicant’s Representative confirmed that amended hours had been agreed with the Police and that they had agreed that private hire events would not take place after 21.00 on Wednesdays to Saturdays.

There was one remaining Responsible Authority representation, received from the Licensing Authority. The Licensing Authority representative, Steven Dormer, addressed the Panel and highlighted that the Licensing Authority had concerns about whether the licensing objectives of the prevention of public nuisance and prevention of crime and disorder would be upheld by this application. He said this was a concern as the hours applied for were beyond framework hours.

The Panel heard from two Interested Parties, Ben de Vries and Clive Henderson (of the Charlotte Street Association). The key points made in their submissions were:

·       There had been noise ingress to Mr de Vries’ flat from the venue under its previous operator on a number of occasions, such as when they had flamenco guitarists.

·       Noise from the premises had interrupted his sleep.

·       There was also public nuisance caused by people leaving the premises and congregating on the street outside.

·       Mr de Vries noted that the current application was for the premises to be operated as a members’ lounge and he preferred this to the premises being regularly open to the general public. However, he would still prefer shorter hours than those which had been negotiated between the Applicant and Responsible Authorities.

·       Mr Henderson emphasised that Hanway Street was a narrow residential street close to the premises.

·       He also disagreed with the proposal that the premises open late on days preceding bank holidays, as he was of the view bank holidays were quiet days in Fitzrovia and he wished them to remain so.

·       He added that the Charlotte Street Association was concerned about places remaining open beyond framework hours.

·       It was requested that there be a condition that the rear door onto Hanway Place be closed other than for emergency exit.

·       Mr Henderson added that noise egress would be reduced if the rear windows could be closed in the evening.

In response to questions from Members about how residential the area was, the Interested Parties said that 4 and 5 Hanway Street were the residential buildings closest to the premises and there were also restaurants in the area which had residential flats above.

The Applicant’s Representative, Peter Conisbee, presented the case for the Application. The key points were:

·       7M would be a private members’ lounge, and members would pay a subscription fee and be encouraged to pre-book their visit to the premises.

·       There would normally be 2 guests per member or fewer.

·       He had tried to make contact with residents but did not initially receive responses.

·       A noise consultant had  ...  view the full minutes text for item 9.

There was no urgent business.

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 6 June 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).