Agenda and minutes

To agree the procedure rules for remote meetings.

RESOLVED –

THAT the guidance on remote meetings be agreed.

Councillor Adams apologies as he would need to leave the meeting after consideration of item 7.

Councillor Cotton declared for the sake of transparency that the application regarding “Pratt Food and Wine” (item 8) was situation in his ward but he had not been approached by any of the parties involved.

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.”

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 on DVD 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.’

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.

The Panel noted that the applicant’s solicitor, Robert Botkai, had sent an email to the Council on 5^th August 2021 containing emails to the interested parties offering to amend the application to include conditions. However, the contents were not made available in time to include in the report. The conditions offered by the applicant were as follows:

1. Delivery of alcohol shall be to a residential address or place of work
2. The premises licence holder shall endeavour to eliminate or reduce any nuisance arising out of its licensable activities. In doing so the premises licence holder will work with enforcement authorities where any issues are identified. A complaints procedure will be maintained in order that local residents have a means of contact if necessary. A direct telephone number for the manager at the premises shall be publicly available at the times the premises is open. The telephone number is to be made available to residents and businesses in the vicinity.
3. No lagers or ciders, in cans or plastic bottles over 6% ABV to be sold or stored on the premises.
4. Orders containing alcohol may only be delivered between 0800 to 2300 Monday to Saturday and 10:00 to 22:30 Sunday.
5. No deliveries to the premises shall take place between 22:00 hours and 08:00 hours the following day save for deliveries of bread, milk, newspapers and magazines.
6. There shall be no playing of music inside the premises so that it is audible outside of the premises at any time.
7. A waiting area for riders will be provided inside the premises to include toilet facilities and refreshments.
8. Riders will be permitted to collect orders and deliver on foot, by pedal bike, electric bike (or other electric vehicle) only. [amended existing condition so the condition applies at all times).

Robert Boktai, representing the applicant then amended the application by adding the following additional conditions

9.    All alcohol sales shall be made via an online platform for delivery only and must be paid for by debit or credit card or other mobile payment or digital wallet service

10. An incident log shall be kept at the premises and made available on request by the police or other authorised officer and record any faults with the CCTV system and any visits by a relevant authority or emergency service.

In response to a question, Robert Boktai said that technically the application was for a 24 hour operation, because the issue was at what moment did a sale take place. Staff would continue to work inside the premises and package orders but alcohol could not be delivered outside the framework hours.

Dennis Viechweg, Licensing Authority responsible authority, said that

-       since the publication of the agenda the applicant had added 10 conditions, as previously stated, which included the revision of the hours and the use of electric bicycles for  ...  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.

It was noted that the interested parties had withdrawn their representations. There was, therefore, no requirement for the application to be considered by the Panel and the application was withdrawn from the agenda.

At this point in the proceedings the Panel agreed to adjourn for 5 minutes for a comfort break.

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 Panel noted that an additional document in respect of this application was published in a supplementary agenda on 25^th August 2021. The paper was received by the required deadline.

Thomas Bushnell, counsel for the applicant Veysel Mahgur, explained that the document set out the amendments the applicant had made to the application, namely:

·         The addition of conditions proposed by the Police and Licensing responsible authorities.

·         The applicant had also taken on board the concerns raised by the Council and the Police in relation to the supply of alcohol and in those circumstances the application now seeks the grant of the licence for an initial “probationary” period of 12 months to commence from 9^th September 2021 to enable all physical work required in the conditions to be carried out pre commencement of the Licence.

Thomas Bushnell added that the application was originally for framework hours. However, since submitting the application, the applicant has confirmed that he had reduced the hours for the sale of alcohol which were now as follows:

Supply of Alcohol (For consumption off the premises)

11:00 – 22:00 Monday to Saturday

12:00 - 22:00 Sunday

With regard to the original application there was a typographical error on page 147 which stated the terminal hour on Friday as “21:00” but this should have been consistent with the other terminal hours and shown as “23:00”. However, as previously stated this had now been amended to 22:00.

The Legal Officer informed the Panel that the applicant could only apply for the time given in the advert and the public notice. Members of the public would have seen the application on the Council’s website with the terminal time of 21:00 for Friday.

Thomas Bushnell replied that the notice did not give the times, it just directed a person to the place to see the application and informed them how to make representations. He said that an application could be amended after notice was given. In this case the hours were being reduced and not expanded. If however, if it was going to cause the Panel problems in granting the application then the terminal hour of 21:00 for Friday could be granted and the applicant could submit an application for a minor variation at a later date to make the times consistent across Monday-Saturday. The Legal Officer concurred with this proposed way forward.

Following the amendments to the application, Patricia Thomas, Harmood, Clarence and Hartland Residents Association and Kate Gemmell, TRACT had confirmed that they had withdrawn their representations.

Chris Malone, Police responsible authority, summarised the main points in his submission and answered questions as follows:

·         This application was situated within the Camden Town Cumulative Impact Zone (CIZ) and therefore there was a presumption, that any new or variation application would be refused; due to the effects of cumulative impact. The  ...  view the full minutes text for item 8.

There was no urgent business.