Agenda and draft minutes

Venue: Committee Room (B6) - Lambeth Town Hall, Brixton, London, SW2 1RW. View directions

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

Items
No. Item

1.

Election of 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 197 KB

To approve and sign the minutes of the meeting held on 10 January 2019 as a correct record of the proceedings.

Minutes:

RESOLVED:

 

That the minutes of 10 January 2019 be agreed and signed as a correct record of the proceedings. 

 

4.

Licensing Applications for the Grant / Review of a Premises Licence pdf icon PDF 110 KB

 

 

Strategic Director, Neighbourhoods and Growth

Contact: Bina Patel, Licensing Manager, 020 7926 4103

Email: bpatel@lambeth.gov.uk

 

 

4a

Payless Food and Wine, 128 Stockwell Road, London, SW9 9HR (Larkhall) pdf icon PDF 279 KB

    Additional documents:

    Minutes:

    The Licensing Officer informed the Sub-Committee that the applicant wished for the application to be adjourned as the DPS had a bereavement in Pakistan and the applicant was in Pakistan on holiday.

     

    In response to questions from members, the Licensing Manager, Ms Bina Patel, informed the Sub-Committee that:

     

    ·      She objected to the applicant’s wish for the application to be adjourned.

    ·      The premises was still selling items that was against the conditions of the licence to sell.

    ·      Two bottles of alcohol which the premises was not allowed to sell had been sold in a test purchase.       

     

    In response to questions from Members, Mr Bernard Conmy, Trading Standards Officer, informed the Sub-Committee that:

     

    ·      It was the decision of the Sub-Committee whether or not they wished to hear the application in the applicant’s absence.

    ·      He would invite the Sub-Committee to hear the application rather than adjourn it.

     

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

     

    ·      He acknowledged that the applicant had a bereavement but the interested parties could have been notified sooner.

     

    Adjournment and Decision

    At 7.08pm, the Sub-Committee withdrew from the meeting together with the Legal adviser and clerk to deliberate in private. The Sub-Committee had heard and considered representations from all those who spoke.

    Legal advice was given to the Sub-Committee on the options open to them and the need for any decision to be proportionate. The Sub-Committee decided to refuse the application to adjourn.

    RESOLVED: To refuse the application to adjourn.

    Announcement of Decision

    Members returned to the meeting and the Chair informed those present of the decision to refuse the application to adjourn. The Sub-Committee had carefully considered all the representations made and had decided to refuse the application to adjourn.

    The Sub-Committee was of the view that the application should be heard in the absence of the applicant and noted that it was the applicant who had submitted the variation application.

     

     

    Presentation by the Licensing Officer

    The Sub-Committee was informed that this was an application for a variation of a premises licence. The Sub-Committee’s attention was drawn to chapters 2, 3, 8, 9 and 10 of the Statutory Guidance and Sections 4, 5, 6, 7, 8, 9 and 16 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 19 of the agenda papers.

     

    The Licensing Officer confirmed:

     

    ·      This was an application to vary a premises licence.

    ·      The variation was to remove one condition which did not allow the premises to sell alcohol above 6% abv.

    ·      The applicant was not in attendance at the meeting.

    ·      The application had been objected to by the Police, Licensing team and Trading Standards

     

    Presentation from interested parties

     

    PC Mike Constable informed the Sub-Committee that:

     

    ·      The premises had failed the test purchase and was found to be selling Nigerian Guinness and Dragon Stout.

    ·      Police had no faith in the premises licence holder’s ability to uphold the  ...  view the full minutes text for item 4a

4b

ZB Retail 24, 41 Streatham Hill, London SW2 4TP (Streatham Hill) pdf icon PDF 112 KB

    Additional documents:

    Minutes:

    Mr David Dadds, representative for the applicant, informed the Sub-Committee that:

     

    ·           He would like the application to be adjourned so that the Licensing team could consider a recent application regarding the transfer of the premises.

    ·           He had additional papers regarding the transfer of the premises and that these papers contained confidential information regarding the sale of the business.

    ·           Hearing the application at a future date, given the developments regarding the premises, would allow all parties to be more well-informed and possibly reach an agreed position prior to the next hearing.

    ·           It was in the public interest to adjourn the hearing.

    ·           Copies of the proposed transfer could be given to the Legal Officer and the Licensing team.

     

    At this point in the proceedings, the Legal Officer informed the meeting that he had seen a number of documents in reference to the transfer of the premises, such as documents pertaining to the lease and its stock valuation. The transfer of the premises had been completed on 30 January 2019. Furthermore, VAT registration and the PAYE registration were in place. Stamp duty and tax were also being collected. The earliest documentations appeared to suggest that the transfer of the property had been in process for some time. The sales documentation appeared to be in the process of completion by a separate firm of solicitors to those acting in this application and the sale appeared to be a bona fide sale. Further, the applicant, in order to transfer the licence and vary the DPS, would have to make an application which could be objected to by the Police.

     

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

     

    ·           He agreed that all necessary checks should be allowed to be made regarding the application and did not object to an adjournment.

     

    In response to questions from Members, Ms Helen Pooley, representative for the Licensing team, informed the Sub-Committee that:

     

    ·           She did not object to the application to adjourn given that the application to transfer the licence was still pending. 

    Adjournment and Decision

    At 7.32pm, the Sub-Committee withdrew from the meeting together with the Legal adviser and clerk to deliberate in private. The Sub-Committee had heard and considered representations from all those who spoke.

    Legal advice was given to the Sub-Committee on the options open to them and the need for any decision to be proportionate. The Sub-Committee decided to grant the application to adjourn.

    RESOLVED: To grant the application to adjourn.

    Announcement of Decision

    Members returned to the meeting and the Chair informed those present of the decision to grant the application to adjourn.

    Full written reasons would follow in due course. 

    The Chair stated that given all parties were in agreement for the adjournment and that the application to adjourn was made on reasonable grounds. The application would be adjourned and would be re-scheduled to be heard on 28 March 2019. The Sub-Committee noted that if there were to be objections regarding the transfer of the DPS and the premises, then  ...  view the full minutes text for item 4b

4c

Premier Food and Wines, 139 South Lambeth Road, London, SW8 1XB (Stockwell) 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 a premises licence. The Sub-Committee’s attention was drawn to chapters 2, 3, 9, 10 and 11 of the Statutory Guidance and 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 6.1 of the report on page 114 of the agenda papers.

     

    The Licensing Officer confirmed:

     

    ·      This was an application to review the premises licence. 

    ·      The applicant was being represented by Ms Helen Pooley and Mr Sean Biggart from Public Protection.

    ·      The review application had been subsequent to a visit to the premises which found an individual working at the premises who did not have the right to work in the UK. Additional breaches of the premises licence had also been observed.

    ·      Representations had been received in support of the review application from the Licensing team, PC Constable and Councillor Lucy Caldicott.

    ·      Representing the premises licence holder was Mr Stevens.

     

    The representative for the applicant, Ms Pooley, informed the Sub-Committee that she would like to refer to the witness statement (found in the agenda papers) from Mr Keith Badrick as his statement related to the representation made by the Licensing team. Mr Badrick’s statement referred to the individual who did not have the right to work in the UK and his understanding of the English language but it later became apparent that he was capable of understanding what was going on around him.

     

    The Chair stated that the Sub-Committee would progress with the hearing and seek Legal advice were necessary.

               

    Presentation by the applicant

     

    The representative for the applicant, Ms Pooley, informed the Sub-Committee that:

     

    ·      There had been reviews and issues highlighted by Trading Standards and events that had occurred prior to this review.

    ·      In October 2018, the premises had failed a test purchase and this was followed by a subsequent visit to the premises by the Licensing team on 2 November 2018.

    ·      There were concerns regarding breaches of the licensing conditions and the presence of an individual who did not have the right to work in the UK on the premises. 

    ·      In relation to the breach of conditions, there were three key areas where the licensing objectives were not being upheld.

    ·      Firstly, the premises was found to be selling single cans of alcohol, something the premises was not allowed to do following a review of the premises in 2013.

    ·      Secondly, the premises staff did not appear to be updating the refusals register after the licence was reviewed in 2013.

    ·      Thirdly, there were other issues found on 2 November 2018 that appeared to indicate that the premises was selling single cans of alcohol and that the upkeep of the refusals register was still an on-going problem.

    ·      A test purchase was carried out at the premises on 20 October at 01:20 and officers were able  ...  view the full minutes text for item 4c

5.

Consideration of an objection for a Temporary Event Notice pdf icon PDF 108 KB

    Special circumstances justifying urgent consideration

     

    A meeting of the Licensing Sub-Committee has been convened as a result of an objection raised by Public Protection regarding a Temporary Event Notice (TEN). Section 105 (2)(a) (of the Licensing Act 2003 [part5]) requires a minimum of two days’ notice to be given. The first event is due to take place on 10 February 2019.

     

    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.

    Minutes:

    Special circumstances justifying urgent consideration

     

    A meeting of the Licensing Sub-Committee has been convened as a result of an objection raised by Public Protection regarding a Temporary Event Notice (TEN). Section 105 (2)(a) (of the Licensing Act 2003 [part5]) required a minimum of two days’ notice to be given. The first event was due to take place on 10 February 2019.

     

    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

The Sugar Bar , 91 Norwood High Street, London, SE27 9JS (Gipsy Hill) pdf icon PDF 307 KB