Agenda item

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 34 of the Licensing Act 2003.

Given that the meeting had to finish at 10.30pm in accordance with standing orders, the Chair asked Members and the Parties present whether they wished to postpone this item to a future meeting or to consider it in the time remaining. The Applicant stated that they wished the item to be considered this evening and had no objection to the reduced hearing time because the issue was very narrow and members had read the papers. The Panel agreed this request.

As Members had read the written report prior to the meeting, they waived the Licensing Officer’s verbal presentation in the interest of time.

The Licensing Authority Responsible Authority representative stated that they were making a representation as the premises was located in the  Camden Town  cumulative impact area and there was a presumption to refuse all variations to an existing licence in the area.

The Interested Party, Kate Gemmell, made the following points in her submission:

·       Later hours for late night refreshment would mean more people would be in the area later at night, and this would add to congestion and public nuisance in the area. 

·       The presence of more delivery drivers during the period 2am to 3am when food would only be available via delivery could cause problems due to noise nuisance and because there were no toilet facilities for them.

The Applicant’s Representative, Walaiti Rathore, made the following points in his submission:

·       The application was for late night refreshment, not for alcohol or for music. This was therefore a “lower risk” activity than others.

·       Having food service outlets closing at different times encouraged staggered departures from the area and avoided congestion caused by large numbers of people leaving at one time.

·       There had been no complaints relating to the premises which already operated beyond the council’s framework hours.

·       They had engaged with the Responsible Authorities and Interested Party when making the application.

·       The Applicant was a reputable firm which had about 160 outlets nationwide.

Members asked how deliveries would be made from the premises to customers, and were informed that Papa John’s used a third-party delivery firm.

Closing remarks were made by all Parties.

Deliberation and Reasons

Members noted that there was a danger of noise nuisance from delivery drivers travelling to and from the premises. As electric bikes would cause less noise than motorbikes, it was agreed that a condition be imposed to state that there would be no deliveries by motorised vehicles (other than electric vehicles) after 11pm.

The Panel agreed that, subject to the imposition of this condition, the variation application be granted. They were of the view that granting the application subject to the offered conditions and the electric bike condition would uphold the licensing objectives and not add to cumulative impact in the area.

RESOLVED –

(i)              THAT the licence variation be granted as follows:

a)       Late night refreshment

23:00-03:00 Monday to Sunday

Non-Standard timings

If applicable, an additional hour to the standard and non-standard times on the day when British summertime commences.

From the standard start timing on 31st December to the standard start time on the 1st of January.

b)       Changes to the opening hours

00:00-00:00 Monday to Sunday

(ii)             THAT the following conditions be added to the licence:

1.     The premises shall close to the public after 02:00 and will then operate solely as a delivery service until 03:00.

2.     The premises will operate in accordance with all relevant legislation.

3.     Arrangements for the storage and disposal of refuse will not cause a nuisance.

Conditions agreed with the Licensing Responsible Authority

1.     The premises to sign up for the “Ask for Angela” scheme and that this should be done before they begin operations.

2.     That suitable and sufficient refuse receptacles be provided such that all waste and refuse produced by the business in the course of its operation, is collected, properly stored and disposed of.

Condition imposed by Licensing Panel C on 30^th November 2023:

No deliveries by motorised vehicles (other than electric vehicles) after 11pm.