This meeting is to discuss an application to review a premises licence for Sican, a restaurant at 26-28 Whitfield Street. An application for review can be made when it is felt that a premises is not upholding the four licensing objectives: the prevention of crime and disorder, public safety, the prevention of public nuisance, and the protection of children from harm. There are a very large number of documents in this pack which describe an acrimonious and escalating dispute between the Licence Holder and local residents.

Application to Review the Premises Licence of Sican

This review was applied for by Gary Sollof and 38 residents. The application is opposed by 91 members of the general public and supported by 59 people including: the Licensing Authority, Camden Police, Camden's Environmental Health department, the Home Office, the Charlotte Street Association, 53 residents, and a local business.

The application to review the licence was made because:

in summary the Premises operates as a drinking venue that sponsors irresponsible drinking promotions and fails to manage or disperse its drunk customers who cause extreme public nuisance by shouting, screaming and fighting on Whitfield Street into the early hours of the morning.

Mr Sollof and the residents propose some changes to the conditions of the Premises Licence. They would like the existing opening hours to be reduced to the framework hours¹ in the Camden Statement of Licensing Policy 2022 - 2027

The application would also like to see the “Recorded Music” licensable activity removed entirely from the licence.

They would also like to see the removal of these conditions from the existing licence:

1. Alcohol shall not be sold or supplied except during the permitted hours. In this condition, permitted hours means: Monday - Wednesday (excluding Christmas Day and Good Friday) : 10.00- 00.00 Thursday - Saturday (excluding Christmas Day and Good Friday) : 10.00- 01.00 Sunday (excluding Christmas Day) and Good Friday : 12.00-23.30 Christmas Day : 12.00-22.30 These hours are extended from the end of permitted hours on New Year's Eve (i.e. 23.00 or 22.30) to the start of permitted hours on New Year's Day (i.e. 10.00 or 12.00).

2. The above condition (15) does not prohibit: a. during the first thirty minutes after the terminal hour for the sale of alcohol, the consumption of alcohol on the premises by persons taking meals there if the alcohol was supplied as ancillary to the meals; b. the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of alcohol so ordered; c. the consumption of the alcohol on the premises by, or the taking of, sale or supply to, any person residing on the premises; d. the sale or supply of alcohol to a trader or club for the purposes of the trade or club; e. the taking of alcohol from the premises by a residing there; f. the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of alcohol by persons so supplied; g. the supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of alcohol, so supplied, if the alcohol is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises; h. the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty's naval, military or air forces.

3. Alcohol may be sold or supplied for one hour following the hours set out above and between 15.00 and 19.00 on Christmas Day to persons taking a table meal in the premises, in a part of the premises usually set apart for the service of such persons and for consumption by such a person in that part of the premises as an ancillary to his meal. For other purposes or in other parts of the premises the hours set out in condition 7 above shall continue to apply.

4. Unless otherwise specified on this licence, no regulated entertainment, other than by way of music and singing only which is provided solely by the reproduction of recorded sound, shall take place at the premises with the exception of pre-booked private events limited to the provision of music and dancing for pre-invited guests.

5. Alcohol and non-intoxicating beverages should only be supplied to and consumed by those customers seated either at tables or at the bar, after 11pm on Thursdays, Fridays and Saturdays.

6. No new customers should be admitted onto the premises after 11.30pm on Thursdays and after midnight on Fridays or Saturdays.

And the addition of these conditions:

1) There shall be no ‘Bottomless Brunch’ or any other drinks promotion where unlimited alcohol is provided. 2) 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. 3) The premises shall only operate as a restaurant, i. in which customers are shown to their table or the customer will select a table themselves, ii. where the supply of alcohol is by waiter or waitress service only, iii. which provide food in the form of substantial table meals that are prepared on the premises and are served and consumed at the table, iv. which do not provide any takeaway service of food or drink for immediate consumption off the premises, v. where alcohol shall not be sold or supplied, otherwise than for consumption by persons who are seated in the premises and bona fide taking substantial table meals there, and provided always that the consumption of alcohol by such persons in ancillary to taking such meals. For the purpose of this condition ‘Substantial Table Meal’ means- a meal as might be expected to be served as the main midday or main evening meal, or as a main course at either such meal and is eaten by a person seated at a table, or at a counter or other structure which serves the purposes of a table and is not used for the service of refreshments for consumption by persons not seated at a table or structure servicing the purposes of a table. Notwithstanding this condition customers are permitted to take from the premises part consumed and resealed bottles of wine supplied ancillary to their meal. Notwithstanding this condition, alcohol may be supplied and consumed prior to a meal in the bar area in the basement, by up to a maximum at any one time, of 18 persons dining at the premises. 4) No alcoholic beverages or glass containers shall be taken outside the premises by customers at any time. 5) Alcoholic beverages can only be sold to and consumed by customers outside the premises when sat at a table covered by a tables and chairs licence where required. 6) Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke or make a phone call, shall be limited to four persons at any one time. 7) The premises licence holder shall ensure that any patrons smoking outside the premises do so in an orderly manner and are properly supervised by staff so as to ensure that there is no public nuisance or obstruction of the public highway. 8) The premises licence holder shall ensure that any queue to enter the premises which forms outside the premises is orderly and supervised by door staff so as to ensure that there is no public nuisance or obstruction to the public highway. 9) Notices shall be prominently displayed at each exit from the premises asking customers to be considerate to neighbours when leaving. 10)Notices shall be prominently displayed at each exit from the premises asking patrons smoking to be considerate to neighbours. 11)All outside tables and chairs shall be rendered unusable by 22:00 hours each day. 12)A Challenge 21 or Challenge 25 proof of age scheme shall be operated at the premises where the only acceptable forms of identification are recognized photographic identification cards, such as a driving licence, passport or proof of age card with the PASS Hologram. 13)The premises shall operate a dispersal policy which shall contain as a minimum information about dispersing customers away from Whitfield Street and towards Goodge Street, including waiting for taxis on Goodge Street rather than Whitfield Street. All staff shall be trained in the implementation of the dispersal policy, and a copy of the dispersal policy shall be made readily available at the premises for inspection by a police officer and/or an authorized officer of Camden Council. 14)During the hours of operation of the premises, the licence holder shall ensure sufficient measures are in place to remove and prevent litter or waste arising or accumulating from customers in the area immediately outside the premises, and that this area shall be swept and or washed, and litter and sweepings collected and stored in accordance with the approved refuse storage arrangements by close of business. 15)All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times. 16)A minimum of one door supervisor shall be on duty on the premises during the hours of 7pm until 30 minutes after close on Thursdays-Sundays to manage customers outside the premises and to assist with dispersal.

The Licensing Authority believes that the Premises Licence should be revoked because:

It’s [Sican's] operation does not engage with any of the four licensing objectives.

It’s clients should not constitute themselves as nuisance to residents in neighboring premises.

Waste refuse from their premises is managed such that it does not constitute a public nuisance nor lead to pest infestation either within their premises or other premises.

That music from the premises is not a source of disturbance to residence and does not constitute a nuisance in public space. i.e. the street.

That adequate arrangement is in place for taxi cab picking up clients from their venue such that this operation is a source of disturbance to residents in neighboring premises.

Representation from the Metropolitan Police

PC Christopher Malone, a Police Licensing Officer for Camden, has submitted a statement to the meeting in support of the review of Sican's licence. PC Malone recommends revoking Sican’s licence and expressed concern about the employment of illegal workers, noting that:

There was not one but multiple people arrested and two more running away when the immigration visit occurred.

Representation from Camden Council's Noise and Pollution Team

Camden Council's Noise and Pollution Team has submitted a statement supporting the application for review on the grounds that Sican has generated a significant number of complaints. They have received 34 complaints since 2022, 31 of which were made in 2024. They state that:

Given the nature and number of the complaints received, primarily external dispersal and loitering issues, in the opinion of the NPT, this would suggest that the Licensing objectives are at serious risk of being undermined.

Representation from the Home Office

The Home Office Immigration Enforcement department is supporting the application for review on the grounds of the prevention of crime and disorder. The report notes that 5 members of staff were arrested at Sican on 21 June 2024 for immigration offences:

Total of five arrests of people who had no right to work in the UK.

The Home Office suggests that:

revocation of the premises licence in the first instance would be appropriate for the promotion of the licensing objectives, in particular, the prevention of ‘Public Nuisance’.

Representation from the Charlotte Street Association

The Charlotte Street Association is a residents association in Fitzrovia. They have submitted a statement in support of the residents who made the application to review the licence. They specifically support the residents' requests for a ‘restaurant style’ condition on the licence, an end to ‘bottomless brunches’, a reduction in operating hours, and a requirement that no music is played at the venue.

The association was represented at the meeting on 21 March 2024 between the residents, the management of Sican, and Camden Council's licensing officers. They have also written to the council several times since the Licensing Act came into force in 2003 to support complaints by individual residents about noise and music.

The association states that:

From our experience, and unless it is an actual bar or pub, we invariably ask for a ‘restaurant’ condition in order to prevent premises becoming and or behaving like a bar with bar type activities.

We think that this is a particularly important condition within the Fitzrovia area, and especially with its long established and diverse residential community throughout the area in order to help protect the residential amenity of those living, living near a premises.

Sican appears to be behaving more like a bar or club and thus we strongly support the residents’ request for a ‘restaurant style’ condition to ensure that Sican behaves like a restaurant.

Representation from Hammersmith Estates Limited

Hammersmith Estates Limited is the landlord of the premises. They are investigating the concerns raised.