Agenda item

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 the 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, Paru Bhudia, summarised the report. Highlighting that since publication of the main agenda, additional proposed conditions had been agreed with the Police and Environmental Health Responsible Authorities, these had been published included within the second supplementary agenda. As a result, the Responsible Authorities had withdrawn their representations.

 

The Licensing Officer informed the panel that the application was for the supply of alcohol for consumption on and off the premises. The hours for on licence were Monday to Thursday 11.00am to 11.30pm, Friday and Saturday 11.00am to midnight, and Sunday 11.00am to 10.30pm with 30 minutes drinking up time. For the Off Sale hours, they were Monday to Saturday 8.00am to 11.00pm and Sunday 10.00am to 10.30pm.  Recorded music was 11.00am to midnight – Monday to Thursday, 11.00am to1.00am Friday and Saturday and 11.00am to 10.30pm on Sunday. Opening hours 11.00am to 12.30 Monday to Thursday, 11.00am to 1.30AM Friday and Saturday and 11.00am to 11.00pm on Sundays.

 

13 representations objecting to the application had been received from residents and 1 representation had been received supporting the application.

 

In response to questions of clarification from the interested parties the Licensing Officer advised that:

 

·       The proposed premises openings hours were different from the proposed licensable activity hours which had been shortened. The applicant’s representative also reiterated the opening hours that had been highlighted in the Licensing officer’s summary of the report, clarifying that an opening time of 11.00am was being sought from Monday to Sunday and that recorded music should reflect the same closing hours for alcohol with the closing time being 30 minutes after the hours for licensed activities. The applicant was no longer seeking later hours for regulated entertainment.

·       In relation to whether the opening hours were similar to other pubs in the area, the officer did not have this information, the application was however required to be considered on its own merits.

·       Any problems that would have occurred at the premises in the past would have been noted by the Licensing Authority and included in a representation objecting to the application. However, in this case no objection or representation had been made by the Licensing Authority Responsible Authority which would indicate that no issues had been reported.

 

The Panel heard from 4 Interested Parties: Eilidh Nielsen, Stephanie Austere, Heather Roberts and Paul Reynolds.

 

They summarised their representations contained in appendix 3 of the main agenda.

 

The Interested Parties made the following points in their submissions:

 

• The proposed later closing time for the business compared to other establishments in the area would attract crowds looking for the last open pub. This would increase anti-social behaviour, crime and nuisance late at night in the area.
• Since the last time the premises was used as a pub, the residential nature of the area has changed with an increase in new apartments with many more residential homes closer to the premises.
• The hours proposed for the licensable activities and the 30 minutes drinking up time went beyond what was necessary and appropriate for the area.
• The later opening hours compared to other establishments in the area combined with playing of recorded music late into the night raised public safety and noise nuisance concerns.
• Tables and chairs outside with people drinking late into the evening would change the character of the area causing large scale disruption and nuisance to the residential neighbourhood.
• The noise nuisance and the type of language used by those patrons drinking outside would particularly affect children and would make it feel very unsafe for women to walk home at night with large groups of people outside blocking the pavement.
• The premises had been a problem in the past, it was surprising that the Licensing team appeared to not know this. The Licence needed to be looked at again to determine how it would not cause noise nuisance problems for residents.
• There was no information or contact number of the person that would be running the premises.
• In dispersing from the premises late at night, drunk patrons were unlikely to pay any mind to notices saying leave the area quietly.
• An idea was to allow the pub to open until 10.30pm and last drinks up till 11pm. To allow these hours until the premises had proved itself, they could then apply for a minor variation to extend the opening hours.

 

There were no questions for the interested parties.

 

The Applicant’s Representative, Mr Piers Warne, presented his client’s case and called Panayiotis Themistocli property agent for the applicant as a witness.

 

The key points Mr Warne made in his submission were:

 

·       The application for the new premises licence was put in on the same terms as for the previous licence which was then amended after further discussion with the Responsible Authorities.

·       The hours for licensing activity, operating schedule were reduced significantly based on suggestions from the Police and Environmental Health as a result of which they withdrew their objections to the application. The application was now for framework hours.

·       The previous owners used the premises as a backpacker hostel which led to noise and nuisance late at night even after closing hours. That operator surrendered their licence in 2021.

·       The applicant had no link with the previous landlord or operators and had no intention to operate a similar backpacker hostel or similar premises.

·       The intention was to operate a local community pub which was supported by some local residents.

·       The applicant had experience in the industry as they owned and operated other pubs in London. They intended to put an experienced operator into running this pub under a management agreement. This would provide for close management and supervision of the premises.

·       With regards to the opening hours, the applicant has brought them in line with the Council’s framework hours because those were the relevant hours and in the applicant’s view no one would be looking to come to this premises later on from anywhere else.

·       It was not an unusual location for a pub. Many pubs in Camden were in residential locations a majority of which did not cause any problems. Where there were concerns these were dealt with.

·       In terms of this application, there were a significant number of conditions which can be found in the Supplementary Agenda which address the concerns raised with the outside area such as having flat surfaces built out of the  toilets, tables and chairs brought in by 11.00pm, after 10pm no more than 10 customers to be permitted to smoke only outside the premises at any one time and the requirement for an external area management plan and dispersal policy.

·       There had been discussions with the Responsible Authorities particularly with Environmental Health about the incidents and issues that had occurred in the past, the applicant would welcome direct engagement with residents to further resolve any issues that might occur. Details of the applicant could be provided in any way that the residents felt was easier for them.

 

The applicant answered questions as follows:

 

• With regards to the number of people expected to be outside, during the general hours of operation the intention was to try not to put arbitrary numbers on people standing outside. It was more about the management of people outside which was the reason for the external management plan to include a dispersal policy which would be suitably managed.
• With regards to the number of people allowed in the outside area to smoke after 10pm, 10 was the number agreed with the police and the licensing Officer, if however, the Panel were minded to think that was too many, 7 had been used for neighbouring pubs. It was more a case of being able to manage the area. The Panel had the right to consider other measures or options it felt appropriate. 
• In accordance with the condition, after 10pm patrons were only allowed outside to smoke, Nobody would be allowed to take drinks outside after 10pm.
• The pub had been purchased with the intention to put in an operator used at other pubs to manage under a management contract.
• Even if it ended up with a tenant to manage the pub, the tenancy agreement would include conditions that needed to be complied with, including not doing anything that puts the licence in jeopardy.
• The way the applicant ran their pubs was very different from the way other pubs were managed but residents did have the power to review the license if it was breaching its conditions.
• The applicant had been unable to attend the hearing today due to unforeseen circumstances and had given their apologies, the applicant’s property agent had attended instead.
• The applicant was happy to engage with residents directly.
• The number of people on the pavement would be limited by the size of the space in addition there was a law against blocking the highway.
• The premises management had an obligation under a management plan and external area management plan to try and curb to curb any bad behaviour as much as possible, however the use of bad language and or behaviour could happen when passing any other pub or walking down the street and was not something that could be conditioned on a premises licence.
• At the moment there was no evidence to suggest that security guards would be needed in a local small residential pub such as this. If there were however issues with people outside the premises and a complaint was made and the police made it known then the applicant would have to look at whether there was a need to use security to manage people.
• Most pubs operate very well, customers were well behaved and where there were one or more issues good proper management could deal with these issues. In this case there was an external management plan which included a dispersal policy. The plan sets out what was expected of staff in the event of any issues that might occur.
• The pub would not be able to open until there was an operator in place and ready to go.
• The milestones that needed to happen were the granting of the licence that could be operated at the pub and not be so restrictive as to make it commercial suicide.
• The applicant was happy to meet with residents at the time the premises was due to open to explain what the plan was and how the premises would operate. Residents could have their input then.
• The applicant in discussion with the Responsible Authorities had given consideration to the hours for licensable activity which it thought were appropriate for tables and chairs outside the pub. The Panel did have the power to restrict those hours if there was an issue. The applicant however felt that the hours agreed were fair and proportionate for this type of premises in this area. The application could have stuck to the hours of the previous licence, however residents’ objections had been taken into account and the hours had been adjusted to the framework hours which the Council had considered to be an appropriate set of hours.

 

The interested parties and the applicant’s representative then made closing remarks.

 

Panel Decision and Reasons

 

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

 

The Panel considered the comments from the interested parties and the information provided by the applicant’s representative.

 

In their deliberations, the Panel stated that they were minded to approve the application for a new licence with additional conditions.

 

The Panel considered the verbal and written representations recognising the genuine and serious concerns of residents, on balance it felt that the application could be approved.

 

The Panel discussed the issue of the tables and chairs outside the premises noting that it was a separate application process but also recognising that the applicant’s representative had explained that there would be no alcohol consumed outside after 10pm but tables and chairs would be kept for smokers. The Panel discussed and agreed to include a condition that there should be no smoking outside the premises at any time.

 

The Panel also noted that the applicant had not appeared to consider women’s safety in the application highlighting that the Council had adopted a set of principles that committed licensed premises in the borough to act in a responsible manner, taking all forms of female harassment seriously and which set out practical steps licensed premises could take to support this. Panel members asked that the applicant took into consideration the Council’s policy on Women’s safety and acted in line with the Council’s policy.

 

The Panel was reassured that all the responsible authorities withdrew their representations, deciding the licence objectives would be promoted, and having added a number of robust conditions.

 

The Panel

 

RESOLVED –

 

i)    THAT a licence be granted for:

 

Hours for licensable activities

 

[On-Licence]

Mon - Thu 1100-2330 hrs;

Fri- Sat 1100-0000hrs;

Sun 1100-2230hrs (with 30 minutes drinking up time thereafter)

 

[Off-Licence]

Mon-Sat 0800-2300hrs;

Sun 1000-2230hrs

 

Recorded Music

 

11:00 - 23:30 Monday to Thursday

11:00 - 00:00 Friday and Saturday

11:00 - 22:30 Sunday

 

 

Conditions offered within the operating schedule

 

1.    The premises licence holder shall ensure that CCTV cameras and recorders are installed at the premises and are of a standard acceptable to and approved by the Police.

 

·       The CCTV system shall be maintained in good working order and at all times the premises is open to the public, be fully operational covering both internal and external areas of the premises to which the public have access.

·       The CCTV camera views shall not be obstructed.

·       At least one CCTV camera shall be placed no more than seven feet above floor level near to each point of entry and exit in order to capture clear facial images of all persons entering and leaving the premises.

·       The medium on which CCTV images are recorded shall be of evidential quality; stored securely; shall be retained for a period of 31 days; and be available for inspection by the police or authorised officers on request. • When the premises are open for the purposes of licensable activities, a suitably trained member of staff shall be present to assist the police or authorised officers in obtaining the CCTV footage.

·       Copies of any CCTV image shall be made available within 48 hours of the request to the police or local authority.

·       The facility to transfer the images to a compatible, removable format shall be held on the premises.

·       Signs must be displayed in the customer areas to advise that CCTV is in operation.

·       If the CCTV is inoperative or not installed and working to the satisfaction of the police, the licence holder shall notify the Police within 48 hours and give an estimate of the repair timescale. The licence holder and staff shall comply with all reasonable requests from the police.

 

2.    Staff shall regularly supervise the pavement area outside the premises to ensure customers are not blocking pavements or causing nuisance to neighbouring premises.

 

3.    The tables and chairs outside the premises shall be brought inside at 23.00.

 

4.    An incident logbook shall be maintained by the premises that details incidents of note that occur in the premises. This shall include refused sales, disorder, and ejections as a minimum. The logbook shall be kept on the premises and be available for inspection at all times the premises is open, and management shall regularly check the book to ensure all staff are using it.

 

5.    The licence holder shall actively participate in any local Pubwatch or similar scheme.

 

6.    Where alcohol is sold for consumption off the premises it must not be sold in an open container. The premises shall continue to be a member of the Camden Inner London Licensing Association.

 

7.    Regulated entertainment for which there is no licence may not take place in any part of the licensed premises as detailed by the plan if members of the public are admitted.

 

8.    No refuse such as glass waste will be placed into receptacles outside the premises between the hours of 23.00hrs and 07.00hrs.

 

 

9.    A proof of age scheme such as Challenge 25 shall operate at the premises and all staff shall be trained in its implementation. Only photographic ID such as a British driving licence or a passport shall be treated as acceptable forms of identification.

 

Proposed added conditions following representations.

 

1.     All flat surfaces in toilet cubicles, including any curved toilet roll holder ellipses, are to be 'designed-out' - to the satisfaction of the Metropolitan Police.

 

2.     When the premises is open for licensable activities, the toilets are to be checked by staff at least every two (2) hours and these checks are to be documented on each visit.

 

3.     Regular glass collection shall be undertaken by staff.

 

4.     A policy shall be drawn up and implemented requiring the police to be called to incidents of violence and/or serious disorder.

 

5.     The licensee /DPS will ensure that all staff that are customer facing/engaging at the premises are trained in respect of Welfare and Vulnerability Engagement as appropriate for their role (through safer sounds.org.uk or an equivalent organisation) and that all new staff sit through this presentation. Refresher training to be conducted every six months. A record will be kept of when the training took place and will be made available for inspection by Police or other responsible authority, upon request.

 

6.     Signage shall be displayed in a prominent position at each entrance/exit to or from the premises requesting that customers leave quietly.

 

7.     Notices shall be prominently displayed at any area requesting patrons to respect the needs of local residents and use the area quietly.

 

8.     An external area management plan to include a dispersal policy will be drawn up and implemented to ensure that customers are suitably managed so as to avoid causing anti-social behaviour.

 

9.      At the end of hours for licensable activities, staff will actively encourage the quick and quiet dispersal of patrons from directly outside the premises. 

 

10.  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.

 

Additional conditions agreed with Pollution EHT

 

11.  No noise generated on the premises, or by its associated plant or equipment, shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.

 

12.  Deliveries and waste Collections shall not take place between 21.00hrs and 07.00hrs.

 

 

·       There should be no smoking allowed in the outside premises area at any time.

·       No drinking after 10pm outside

 

•  The applicant should bear in mind the Council’s policy in Women’s safety and act in line with these policies.

 

ACTION BY: Executive Director, Supporting Communities