Agenda and minutes

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 Cowell and

     

    RESOLVED: That Councillor Andrew Wilson be elected as Chair of the meeting.

     

    Councillor Wilson stated that as the meeting was inquorate the meeting would be adjourned until 7.30pm.

     

    On opening the meeting, Councillor Wilson confirmed that item 4c) Newport Street Gallery would be considered first.

     

     

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:

Councillor Andrew Wilson declared that Raj News (item 4b) was situated within his ward but he had no connection with the shop.  He also stated that he had received an email from a Police Officer from the Safer Neighbourhood Team regarding Raj News but did not acknowledge the email or share information with Councillors on the Committee.  The email would play no part in the deliberations of that particular case.

 

3.

Minutes pdf icon PDF 207 KB

To approve and sign the minutes of the meeting held on 29 July, 4 August, 16 August and 25 August 2016 as a correct record of the proceedings.

 

Additional documents:

Minutes:

RESOLVED: That the minutes of the previous meetings held on 29 July, 4 August, 16 August and 25 August 2016 be approved and signed by the Chair as correct records of the proceedings.

 

4.

Licensing Applications for the Grant / Review of a Premises Licence pdf icon PDF 171 KB

(Report 32616-17 and appendices)

 

Strategic Director, Neighbourhoods and Growth

Contact: Robert Gardner, Principal Licensing Officer, 020 7926 6122

Email: RGardner@lambeth.gov.uk

 

 

4a

Newport Street Gallery, 1 - 7 Newport Street, London, SE11 6AJ (Prince's) pdf icon PDF 333 KB

    Additional documents:

    Minutes:

    Presentation by the Licensing Officer

     

    The Sub-Committee was informed that this was an application for a variation of the current premises licence. The Sub-Committee’s attention was drawn to chapters 2, 3, 9, 10 and 15 of the Statutory Guidance, and to Sections 4, 5, 6, 8, and Appendices 1, 4, 6, 7 and 9 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 paragraphs 5.7 and 5.8 of the report on page 56.

     

    The Licensing Officer confirmed that:

    ·         This was an application by 2H Restaurants Limited to vary the current premises licence to extend the hours for the provision of late night refreshment and the sale of alcohol on Saturdays only to 2am

    ·         The applicant proposed to open the premises to the public on Saturdays from 8am-to 2am.  Details of the application can be found on pages 371 and 394 of the agenda papers

    ·         Four representations were received against the application from the Licensing Authority, two residents and a ward member.  Details of the representations could be found on pages 395-405 of the papers.  Three of the representations based on the licensing objectives of prevention of crime and disorder and prevention of public nuisance had been withdrawn.  The Licensing representation remained because of the Licensing Policy.  However, a correction to the days and times stated for the variation on page 396 should state the times requested were until 2am on a Saturday

    ·         Ms Winkels-dorf requested for certain conditions to be imposed on the licence which the applicant agreed to in an email sent on 12 October 2016

    ·         All persons who had made representations and the applicant agents were invited to the hearing and were sent reminders on 10 October 2016.

    ·         A correction of the agenda papers was made concerning the options available to the committee which where. 1) To grant subject to any appropriate conditions. 2) To reject in whole or part.

     

    A map and photographs of the premises were circulated.

     

    Presentation by the Applicant

     

    Mr Stephen Walsh, representing the applicant, Kevin David Chief Operating Officer, and Davina Sasha Nursigadoo, Designated Premises Supervisor (DPS) were in attendance.

     

    Mr Walsh informed the Sub-Committee that:

    ·         The agreed proposed conditions had been circulated

    ·         The premises had been trading on a licensed basis since February 2016, although the application for the premises had been granted on 30 June 2016; 

    ·         The licensing application covered the whole gallery including the restaurant area.  However, the gallery was conditioned so that alcohol could only be supplied at pre-booked functions or ancillary to food 

    ·         The restaurant situated on the first floor to the left hand side of the building was fully licensed to trade until 12 midnight during the week.  On Sunday to Thursdays between 11pm and 12 midnight the sale of alcohol must be ancillary to food but on Saturday no restriction was imposed

    ·         Since February the premises had traded in the restaurant which did not affect the gallery;

    ·         A market existed  ...  view the full minutes text for item 4a

4b

Xperience, 88 Loughborough Road, London, SW9 7SB (Coldharbour) pdf icon PDF 287 KB

    Additional documents:

    Minutes:

    Presentation by the Licensing Officer

     

    The Sub-Committee was informed that this was an application for a review of the current premises licence. The Sub-Committee’s attention was drawn to chapters 2, 3, 9, 10 and 11 of the Statutory Guidance, and to Sections 4, 5, 6, 7, 8, 9, 10, 11, 13 and 19 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 5.10 of the report on page 57.

     

    The Licensing Officer confirmed that:

    ·         This was an application brought by Cloretta Gray, Lambeth Community Safety Officer to review the premises licence for Xperience.  A copy of the application and supporting documents were listed as Annexes A and B as outlined on pages 67-107 of the agenda papers.  Additional supporting documents can be found on pages 191-194 with licensing supporting evidence on page 195 of the papers

    ·         Fifteen representations supporting the application had been received during the consultation period and were attached as Annex C on pages 109-180.  Two were from responsible authorities (Lambeth Licensing Team and the Police); three from ward councillors and the remainder from local residents

    ·         Further supporting documents referenced as Annex E had been received from the licensee on pages 197-207

    ·         A representation against the application submitted by a security firm of the licensee was listed on page 208

    ·         Since the review had been submitted an inspection by the Community Safety Team found that the premises had been breaching its licence as outlined on page 191

    ·         Ms Michelle Milongo, licensee and DPS and her representative Mr Michael Wainwright were present.

     

    A map and photographs of the premises were circulated.

     

    Presentation by the Applicant

    Ms Cloretta Gray, Lambeth Community Safety, informed the Sub-Committee that:

     

    • She instigated the review of Xperience in accordance with the licensing objectives of the prevention of public nuisance
    • The venue was operated by Ms Michelle Milongo, premises licence holder and her partner Mr Lopez Loutango
    • The premises operates as a bar/nightclub with the front room situated on Loughborough Road and an additional back room to the rear of the venue on Crowhurst Close
    • The premises was nestled amongst a small parade of independent shops on Loughbough Road, close to the junction of Fiveways, Akerman and Lilford Roads.  The premises was also situated within a residential area
    • To her knowledge, the premises had never operated as a restaurant as no kitchen existed inside to facilitate the provision of food
    • Since 2012 when the premises commenced operation, 45 complaints were received and matters ranged from loud amplified bass music emanating from the front to the rear of the premises, including patrons engaging in anti-social behaviour on the public highway
    • At the rear of Crowhurst Close complaints received ranged from patrons shouting, swearing, urinating, littering cigarette butts, discarded drinking vessels and fights.  This was in addition to the licensee breaching their operating hours until 6 to 7am on Saturday/Sunday mornings
    • The service commenced proactive monitoring  ...  view the full minutes text for item 4b

4c

Raj News, 244 Wandsworth Road, London, SW8 2JS (Larkhall) pdf icon PDF 129 KB

    Additional documents:

    Minutes:

    Presentation by the Licensing Officer

     

    The Sub-Committee was informed that this was an application for a review of the current premises licence. The Sub-Committee’s attention was drawn to chapters 2, 3, 9, 10 and 11 of the Statutory Guidance, and to Sections 1, 5, 6, 7, 8, 10, 11 and 19 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 5.10 of the report on page 57.

     

    The Licensing Officer confirmed that:

    ·         This was a review brought by Mr Bernard Conmy, Lambeth Trading Standards based on the licensing objectives of prevention of crime and disorder; prevention of public nuisance and protection of children from harm.  Details of the application could be found on pages 245-297 of the papers

    ·         The plans of the premises were outlined on page 299

    ·         The current premises licence was included on pages 313-323 of the papers

    ·         The premises licence was previously reviewed in March 2016 and details can be found on pages 323-341 of the papers and the decision on pages 251-252

    ·         Three representations in support of the review had been received from the Metropolitan Police, Public Health and the Licensing Authority based on all four licensing objectives (the prevention of public nuisance; the prevention of crime and disorder; protect children from harm and public safety).  Copies of the representations were outlined on pages 301-309 of the papers

    ·         A copy of the representations had been provided to the premises licence holder;

    ·         The review applicant was seeking for the licence to be revoked

    ·         The licensee had submitted a supporting document detailed on page 311 of the papers.

     

    A map and photographs of the premises were circulated.

     

    Presentation by the Applicant

     

    Mr Bernard Comny, Lambeth Trading Standards, informed the Sub-Committee that:

     

    • He applied for a review of the alcohol licence earlier this year and the hearing was held on 15 March 2016.  Full details of that hearing were detailed on pages 343-352 of the papers
    • The report for this review were outlined on from page 251 of the papers
    • The venue had sold alcohol, tobacco and fire works, which were age-restricted goods, to children
    • He read some of the decision from the Sub-Committee of the previous review hearing held in March 2016 for their information.  He reminded the Sub-Committee that Mr Patel was required to undertake appropriate training to fully understand the Challenge 25 policy in order to promote the licensing objectives which was pertinent to this review hearing.  He was required to implement and put in place measures in accordance with the conditions as outlined on page 318
    • On Monday 1 August 2016 a Test Purchaser was sent into the premises and purchased a bottle of wine from Mr Patel.  Mr Patel asked her for her age and as instructed by Trading Standards, the girl replied that she was 18 years old.    Mr Patel sold the wine without asking for proof of age and the Test Purchaser left the  ...  view the full minutes text for item 4c