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Licensing Panel A - Thursday, 5th December, 2024 7.00 pm

December 5, 2024 View on council website
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Summary

This Licensing Panel A meeting was scheduled to consider three applications for the variation or grant of new premises licences for three sites in the borough, and a report about remote meeting etiquette.

Prince of Wales, 53 Highgate High Street

This application sought to extend the operating hours of the Prince of Wales public house. The application requested the following extensions:

  • Supply of Alcohol (on and off the premises): Monday to Wednesday, 10:00-23:59; Thursday to Saturday, 10:00-01:00; Sunday, 10:00-23:00.
  • Recorded Music: Monday to Wednesday, 10:00-23:59; Thursday to Saturday, 10:00-01:00; Sunday, 10:00-23:00.
  • Opening Hours: Monday to Wednesday, 00:00-23:59; Thursday to Saturday, 08:00-01:30; Sunday, 00:00-23:59.

The application also requested the addition of the following conditions:

  • The premises shall implement a written dispersal policy, and a copy of the policy shall be made readily available at the premises for inspection by a police officer and/or an authorised officer.
  • An incident and refusals log shall be kept at the premises for at least 12 months, and made available on request to a Police officer or an authorised officer of the licensing authority, which will record the following:
    • All crimes reported to or by the premises to the Police.
    • All ejections of patrons
    • Any incidents of crime and disorder
    • Seizures of drugs, offensive weapons, fraudulent ID or other Items
    • Any faults with the CCTV system
    • Any refusal of the sale of alcohol - The Premises Licence Holder or nominated person shall ensure that all relevant members of staff receive training in their responsibilities under the Licensing Act 2003. Such training shall be documented, and records made available upon request from the Police or an authorised officer of the Licensing Authority.
  • A direct telephone number for the premises shall be available upon request to resident in the vicinity, to call at all times the premises are open.

The Highgate Society, PC Rachel Aldis on behalf of the Metropolitan Police Service and Esther Jones on behalf of the Licensing Authority submitted representations objecting to the application. 40 representations were also received from residents objecting to the application.

The report pack provided to the meeting attendees included the following for discussion:

  • The representations opposed the application on the grounds that the proposed operating hours were significantly later than other licensed premises on Highgate High Street, would result in increased noise and disturbance to residents, and would attract people who had been drinking at other venues.
  • The application would constitute a departure from the council’s framework hours policy1.
  • The Highgate Society and residents made reference to previous issues at the premises that had resulted in the imposition of conditions restricting the use of the pub’s beer garden.
  • The Police stated that the applicant had failed to engage with them to attempt to reach a compromise on the hours. They requested that the application be refused, but stated that if it was granted the terminal hour for the sale of alcohol should be no later than midnight and that conditions should be added to the licence regarding CCTV, security, dispersal, the provision of a direct telephone number to residents and a requirement that the venue operate a scheme to promote women’s safety.
  • The Licensing Authority stated that the applicant had also failed to engage with them to attempt to reach a compromise. They requested that the application be refused, but if granted recommended a number of conditions relating to noise, waste, dispersal and the provision of a direct telephone number to residents. They also suggested a condition that the venue sign up to the council’s WAVE scheme to help tackle violence against women.

K Club, 51 Parker Street

This application sought to vary the premises licence of K Club, to change the layout of the premises, to remove two conditions and to extend the operating hours. The application requested that the premises be licensed for the following:

  • Supply of Alcohol (For consumption on the premises): Monday to Saturday, 14:00-05:00; Sunday 17:00-02:00.
  • Recorded Music, Films, Live Music, Performance of Dance: Monday to Saturday, 14:00-05:00; Sunday 17:00-02:00.
  • Late Night Refreshments: Monday to Saturday, 23:00-05:00; Sunday 23:00-02:00.
  • Opening Hours: Monday to Saturday, 14:00-05:00; Sunday 17:00-02:00.

The application also requested the removal of conditions 25 and 48 from the existing licence.

Representations objecting to the application were submitted by David Kaner on behalf of the Covent Garden Community Association, PC Rachel Aldis on behalf of the Metropolitan Police Service and Claire Mulligan-Ward on behalf of Camden Health and Wellbeing Department. A further six representations were received from residents objecting to the application.

The report pack provided to the meeting attendees included the following for discussion:

  • The application would constitute a departure from the council’s framework hours policy.
  • The premises is located within the Seven Dials Cumulative Impact Policy Area2, where there is a presumption to refuse new applications for licences and variations to existing licences that seek to increase the availability of alcohol for consumption on the premises. The presumption is rebuttable if the applicant can demonstrate that their operation will not add to the cumulative impact.
  • The representations opposed the extension of hours on the grounds that it would result in increased noise and disturbance, would exacerbate issues with mini cabs parking and waiting in the street, and that customers gathering and leaving the premises at such a late hour would increase the risk of crime and disorder and raise concerns over public safety.
  • The Covent Garden Community Association and residents stated that the applicant had recently changed the use of the premises to a karaoke bar without planning permission and also made significant changes to the layout of the premises without permission. This included removing a sound lobby at the front of the premises which had been a critical structural component to reduce the risk of noise escape. The representations opposed the removal of the sound lobby.
  • The Covent Garden Community Association’s representation stated that, in their view, there was no demand or need for a karaoke bar in this location to operate until 5am and requested that the panel refuse the extension of hours and instead reduce the terminal hour to the times set out in the council’s framework hours policy. If the application was granted, they requested that the licence include conditions relating to the reinstatement of the sound lobby and the management of noise from the premises.
  • The Police representation made reference to a report of an assault that had taken place outside the premises in the early hours of 12 October, when a taxi driver was allegedly punched in the face by a customer who had been refused a lift. They requested that the panel refuse the application, but stated that if granted, the licence should include a condition relating to the provision of CCTV covering all areas where licensable activities take place. They also raised concerns over the lack of door supervision staff.
  • Camden Health and Wellbeing’s representation included data on alcohol-related harm in the borough and stated that they were concerned that granting the application would increase the availability of alcohol and would result in an increase in alcohol-related problems, including public nuisance, crime and disorder and hospital admissions. They recommended that the terminal hour for the sale of alcohol be brought in line with the council’s framework hours policy.

A document submitted by the applicant’s solicitor, included as a late paper in the Supplementary Agenda 2, proposed a number of amendments to the application in an attempt to address the concerns raised in the representations. These included:

  • Monday to Saturday: 14:00-03:00; Sunday: 17:00-00:00.
  • No entry to the premises on Sundays or after midnight on Mondays to Saturdays without a pre-booking.
  • Capacity to be reduced to 100 people on Sundays.
  • Guests to be informed upon booking to use Kingsway for pick up and drop off.
  • Guests to be required to wait inside the premises for transportation, and not on Parker Street.
  • Clear pick-up/drop-off guidelines and notices to be displayed at the entrance to remind guests to be considerate when leaving the venue.

The document stated that the operators of K Club recognised the concerns articulated in the representations, and hoped that these compromises and additional conditions would enable to parties to work together to progress the application. It also sought to address the concerns raised over noise, explaining that the venue has seven soundproofed private karaoke rooms and a public area where the only music played is light background music, and suggesting that any music heard outside the premises was likely to be emanating from the bar next door, Simon’s Bar.

A document submitted by PC Rachel Aldis, included in the Supplementary Agenda 3, formally withdrew the Police’s representation, stating that following discussions with the applicant and their solicitor, they were now content with the application.

Hawley Wharf Market Place, Hawley Wharf Square

This application requested the grant of a new premises licence for Hawley Wharf Market Place. The application sought to licence the following:

  • Live Music: Monday to Sunday, 12:00-21:00.
  • Recorded Music: Monday to Sunday, 12:00-21:00.
  • Dance: Monday to Sunday, 12:00-21:00.
  • Sale of Alcohol on and off the premises: Monday to Sunday, 12:00-21:00.
  • Opening Hours: Monday to Sunday, 12:00-21:00.

Three representations were submitted objecting to the application, and five representations were submitted supporting the application. The representations objecting to the application were from Kathryn Anne Gemmell on behalf of TRACT, Stelios Stylianou, a local resident, and Steven Dormer on behalf of the Licensing Authority.

The report pack provided to the meeting attendees included the following for discussion:

  • The representations supporting the application were from residents of Hawley Wharf, community groups representing businesses at Hawley Wharf and the managers of Gravity Co-Living, who operate a number of buildings in the area. They welcomed the events and the benefits they brought to the area.
  • The representations objecting to the application stated that the events would cause a public nuisance because of the noise from the amplified music.
  • Camden’s Licensing Policy states that Hawley Wharf is within the Camden Town Cumulative Impact Area.
  • The Licensing Authority’s representation stated that the council’s policy was to refuse new applications for licences and variations to existing licences that seek to increase the availability of alcohol in Cumulative Impact Areas.
  • The application included a number of proposed conditions, many of which relate to public safety. These include requirements for the provision of CCTV; the employment of SIA-registered door supervisors; the preparation of a Live Event Management Plan; regular staff training; risk assessments; the provision of first aid and welfare facilities; procedures for dealing with lost children and vulnerable people; a dispersal policy; and communication with the local community.

Guidance on Remote Meetings

The report pack included a document entitled ‘Guidance on Remote Meetings held under the Licensing Act 2003 and associated regulations’, which set out guidelines and etiquette for participants in remote licensing hearings. The document covered:

  • The system used to conduct remote licensing hearings: Microsoft Teams.
  • Requirements for audio and video connections, and procedures for dealing with interruptions to connections.
  • Rules on the submission and consideration of late papers.
  • Procedures for public participation.
  • Debate and voting protocols.
  • Rules for dealing with confidential and exempt items.
  • Considerations relating to equality and diversity.
  • Guidance on the use of the chat function.
  • The powers of the Chair.

  1. The framework hours in Camden's Statement of Licensing Policy set out the times beyond which the council will pay particular regard to the likely effect of licensable activities on the local neighbourhood. The framework hours for on-sales are Monday to Thursday, 10:00 until 23:30; Friday and Saturday, 10:00 until midnight; Sunday 11:00 until 22:30. 

  2. Cumulative Impact Policy Areas are geographical areas where the number, type and density of licensed premises has led to problems with crime and disorder and public nuisance. Camden Council has a number of Cumulative Impact Policy Areas, including one in Seven Dials, where the council’s policy is to refuse new applications for licences and variations to existing licences that seek to increase the availability of alcohol for consumption on the premises.