Agenda and minutes

Licensing Sub-Committee - Tuesday 2 January 2018 7.00 pm

Venue: Lecture Theatre (2nd Floor) - International House, Canterbury Crescent, SW9 7QE. View directions

Contact: Nazyer Choudhury, Tel: 020 7926 0028 Email: nchoudhury@lambeth.gov.uk 

Items
No. Item

1.

Election of Chair

    Minutes:

     

    MOVED by Councillor Liz Atkins, SECONDED by Councillor Linda Bray

     

    RESOLVED: That Councillor Paul McGlone be elected Chair.

     

2.

Declaration of Pecuniary Interests

Under Standing Order 4.4, where any councillor has a Disclosable Pecuniary Interest (as defined in the Members’ Code of Conduct (para. 4)) in any matter to be considered at a meeting of the Council, a committee, sub-committee or joint committee, they must withdraw from the meeting room during the whole of the consideration of that matter and must not participate in any vote on that matter unless a dispensation has been obtained from the Monitoring Officer.

 

 

Minutes:

None were declared.

 

3.

Minutes pdf icon PDF 207 KB

To approve and sign the minutes of the meeting held on 30 November 2017 as a correct record of the proceedings.

Minutes:

RESOLVED: That the minutes of the previous meeting held on 30 November 2017 be approved and signed by the Chair as a correct record of the proceedings.

 

4.

Licensing Applications for the Grant / Review of a Premises Licence pdf icon PDF 163 KB

Strategic Director, Neighbourhoods and Growth

Contact: Ola Owojori, Licensing Manager, 020 7926 1649

Email: oowojori@lambeth.gov.uk

 

 

4a

Portuguese Passion, 105 Norwood High Street, London SE27 9JF pdf icon PDF 277 KB

    Additional documents:

    Minutes:

    Presentation by the Licensing Officer

    The Sub-Committee was informed that this was a new application for a premises licence. The Sub-Committee’s attention was drawn to Chapters 2, 3, 8, 9, and 15 of the Statutory Guidance, and to Sections 5, 6, 7, 8, 9 and 16 (appendices 4,6, 7, 8, 9, 10, 17) of the Statement of Licensing Policy, as the ones particularly relevant to this application. The options available to the Sub-Committee were set out in paragraph 6.2 of the report on page 23 of the agenda papers.

     

    The Licensing Officer confirmed:

     

    ·      The application was for the sale of alcohol on Monday-Sunday from 10:00-23:00 and 10:00 to 01:00 for the days of New Year’s Eve and Christmas Eve.  

    ·      The application had been objected to by three residents, none of whom were present at this meeting.

    ·      The application could be found on pages 24-42 of the agenda papers. 

    ·      The layout of the premises could be found on page 43 of the agenda papers.

    ·      Representations from residents and correspondence could be found on pages 45-60 of the agenda papers.

    ·      The list of agreed conditions could be found on pages 129 to 132 of the agenda papers.

    ·      A revised Appendix E had been circulated to all parties, except the applicant who would receive it at this meeting.

     

    In response to questions from Members, the Licensing Officer informed the Sub-Committee that:

     

    ·      A previous application that had been submitted by the applicant in 2016 was refused by the Sub-Committee at that time.

     

    Presentation by the applicant

     

    The applicant, Mr Ruben Filipe Da Silva and his representative informed the Sub-Committee that:

     

    ·      The applicant had sought advice from Licensing Officers regarding how to run the premises and had followed any advice given to him.

    ·      The applicant had held 13 temporary events without any issues arising.

    ·      The applicant did not wish to cause nuisance in the area for residents and had reduced the proposed operating hours.

    ·      The applicant had an open door policy. Residents were welcome to go to the premises and engage in meetings with him at least once a month.

    ·      The applicant had been made aware that he needed to consult further with local residents and the applicant would become part of the BCRP.

    ·      Many of the issues in the area related to other licensed premises nearby, namely Scandals and the Sugarbar, which closed late at night.

    ·      Most patrons attending licensed premises in the area would start to arrive at around 00:00.  

     

     

    In response to questions from Members, Mr Da Silva and his representative informed the Sub-Committee that:

     

    ·      The proposed live music would generally be performed by a member of the Portuguese community. It would not be a professional musician or DJ.

    ·      A sound limiter was in place at the premises which was physically secure in a way that it could not be tampered with by an individual.

    ·      Regular checks had been made to see if the premises emanated any noise towards local residents in the area and no noise could be heard coming  ...  view the full minutes text for item 4a

5.

Consideration of objection to a Temporary Event Notice pdf icon PDF 94 KB

    Minutes:

    A meeting of the Licensing Sub-Committee has been convened as a result of an objection raised by the Police regarding a Temporary Event Notices (TENs). Section 105 (2)(a) (of the Licensing Act 2003 [part5]) requires a minimum of two days’ notice to be given.

     

    The Chair was of the opinion that although the meeting has not been convened with at least five clear days’ notice, it should proceed as a matter of urgency to consider the objections to the TEN because of the special circumstances of the need to comply with the statutory requirements of the Licensing Act 2003.

     

5a

TDA House, 211 Clapham Road, London SW9 0QH (Stockwell ward) pdf icon PDF 321 KB

    Special circumstances justifying urgent consideration

     

    A meeting of the Licensing Sub-Committee has been convened as a result of an objection raised by the Police regarding a Temporary Event Notices (TENs). Section 105 (2)(a) (of the Licensing Act 2003 [part5]) requires a minimum of two days’ notice to be given. The event is due to take place on 7 January 2018.

     

    The Chair is of the opinion that although the meeting has not been convened with at least five clear days’ notice, it should proceed now as a matter of urgency to consider the objections to the TEN because of the special circumstances of the need to comply with the statutory requirements of the Licensing Act 2003.

     

     

    Additional documents:

    Minutes:

    The Licensing Officer informed the Sub-Committee that the Licensing team had been informed that the notice giver had not received the objection and was currently abroad. However, notification regarding the meeting had been sent to the notice giver’s representative.  The Licensing Officer had also enquired how the notice giver would be able to be present at the event if he was abroad.

     

    Presentation by the Licensing Officer

    The Sub-Committee was informed that this was an objection to a temporary event notice. The Sub-Committee’s attention was drawn to Chapters 7, 9 and 15 of the Statutory Guidance, and to Sections 5, 6, 8 and 14 of the Statement of Licensing Policy, as the ones particularly relevant to this application. The options available to the Sub-Committee were set out in paragraph 6.2 of the report on page 10 of the additional agenda papers.

     

    The Licensing Officer confirmed:

     

    ·      The notice had been submitted by Mr Daniel Musse, the premises licence holder.

    ·      This was an event to authorise the sale of alcohol, regulated entertainment and late night refreshment.

    ·      The application could be found from pages 11-19 of the agenda papers.

    ·      The event would take place from 00:00 until 04:00 on 7 January 2018.

    ·      The objection received from the Police could be found on page 21 of the additional agenda papers.

    ·      Paragraph 4.2 on page 9 of the additional agenda papers should read that the “premises had given two TENS in the year 2017” (not “18”). 

     

    Presentation by the objector

     

    PC Farrely informed the Sub-Committee that:

     

    ·      They had received notice regarding the 1 January 2018 and 7 January 2018 TENs.

    ·      The Police wished to obtain further details of the events and sent an email to the premises licence holder on 18 December 2017 asking for further information but had not received a reply.

    ·      It was not clear how people would be kept safe during the event.

    ·      The Police wished to speak to the premises licence holder but as he had not made an effort to respond, the Police felt they had no choice but to object to the TEN.

    ·      The Police visited the premises in early December 2017 and were able to obtain access to the premises easily and roam freely inside. They struggled to locate the management inside the premises. 

    ·      When they found a member of premises staff, Police asked about security logs and the staff member did not appear to be aware of them.

    ·      The Police were concerned about the running of the premises.

    ·      The Police had received no assurances from the premises licence holder.

     

    In response to questions from Members, PC Farrely informed the Sub-Committee that:

     

    ·      He had spoken to the notice-giver in the summer regarding another temporary event notice that had been submitted and had received assurances regarding the event.

    ·      Sometimes when a TEN was submitted, it would be on behalf of another individual holding an event but this depended on the premises and the business it ran.

    ·      The premises had a premises licence. The only other information received by  ...  view the full minutes text for item 5a

5b

The RoofTop, The Arches, Street Record, Valentia Place, London SW9 8PJ (Coldharbour ward) pdf icon PDF 265 KB