Agenda and 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 290 KB

To approve and sign the minutes of the meeting held on 24 January 2019 as a correct record of the proceedings.

Minutes:

RESOLVED:

 

That the Part I and Part II minutes of the 24 January 2019 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 121 KB

 

Strategic Director, Residents Services

Contact: Bina Patel, Licensing Manager, 020 7926 4103

Email: bpatel@lambeth.gov.uk

 

 

Minutes:

With the exception of the withdrawn applications, the Sub-Committee decided to hear the applications in the following order: 4c, 5a, 4a, 4b.

 

4a

Sizzlers 7 Hopton Parade Streatham High Road London SW16 6EP (Streatham Wells) pdf icon PDF 279 KB

    Additional documents:

    Minutes:

    The Legal officer informed the Sub-Committee that before the hearing, Councillor Malcolm Clark had sent an email to Councillor Fred Cowell, Councillor Emma Nye and Councillor Linda Bray (the original named Members of the Sub-Committee) regarding the application. This would be considered a late representation and was not allowed as any and all representations must be made within the scheduled time. Councillor Cowell and Councillor Chowdhury had not seen the email but Councillor Nye had seen it. His advice to her would be to disregard the email that was sent and not take it into account when the Sub-Committee makes its decision. 

     

    Presentation by the Licensing Officer

     

    The Sub-Committee was informed that this was an application for a new premises licence. The Sub-Committee’s attention was drawn to chapters 2, 3, 8, 9 and 10 of the Statutory Guidance and Sections 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 25 of the agenda papers.

     

    The Licensing Officer confirmed:

     

    ·      This was an application for a new premises licence.

    ·      The premises already held a licence and was seeking to extend permitted hours of licensable activity until 05:00 until Sunday.

    ·      Representations had been made by the Police, Licensing team, Public Protection and two residents.

    ·      The applicant had also submitted a petition in support of the application.

    ·      The application could be found on page 27-44 of the agenda papers.

    ·      Representations could be found on pages 33-47 of the agenda papers.

    ·      A list of signatories could be found on pages 59-76 of the agenda papers.

     

    Presentation by the applicant

     

    Mr Adil Amin and Ms Salma Aziz, the applicants, informed the Sub-Committee that:

     

    ·      They owned the premises which was a small takeaway on Streatham High Road.

    ·      Any decision made by the Sub-Committee would affect the business and their families.

    ·      The applicants had worked hard over the last seven years to make the business successful and had considered making changes to the business so that it operated on quality production and efficiency.

    ·      They prided themselves on using quality ingredients.

    ·      They used their resources to make a sustainable income and had less food wastage and the business had become more sustainable as a result. This meant that they worked a lot of hours overnight.

    ·      Their family’s livelihood was dependant on their income.

    ·      They were parents who wanted to be at home at 23:00 at night, but in order to make a living, it was important to maintain a sustainable income.

    ·      The premises was in the immediate vicinity of Tesco (which operated 24 hours), a main bus garage (which operated 24 hours), a gym (which operated 24 hours) and an off licence (which operated 24 hours) and served alcohol.

    ·      Footfall in the area was low but consistent.

    ·      They could obtain the same income of a premises located in an area with high footfall if they could operate with extended hours.  ...  view the full minutes text for item 4a

4b

Morleys Fried Chicken, 9 Hopton Parade, Streatham High Road, London, SW16 6EP (Streatham Wells) pdf icon PDF 275 KB

    Additional documents:

    Minutes:

    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 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 91 of the agenda papers.

     

    The Licensing Officer confirmed:

     

    ·      This was an application to vary a premises licence

    ·      The application was seeking to extend its operating hours until 05:00 on Friday and Saturday and until 04:00 Sunday to Thursday.

    ·      Representations had been received from the Licensing team, Public Protection, Police and two residents.

    ·      Applicants were notified of the hearing and confirmation was sought on 11 February 2019 regarding attendance.

    ·      The application could be found on page 93 to 104 of the agenda papers and representations against the application could be found on pages 105 to 116 of the agenda papers. 

     

     

    Presentation from interested parties

               

    Sgt David Smith informed the Sub-Committee that:

     

    ·      He had nothing further to add to his representation.

     

    Mr Alex Mckenna, resident, informed the Sub-Committee that:  

     

    ·      One of his concerns was the almost hands off approach the owners of the premises had in relation to running the premises.

    ·      The business was a chain.

    ·      The Council had a role to take a more active approach regarding engaging the owners of the premises and did not appear to be doing so.

    ·      The Council needed to explore penalties and engage the owners of the premises to highlight the deficiencies in the running of the premises.

     

    Mr Michael Anderson, Public Protection Officer informed the Sub-Committee that:

     

    ·      The premises was known for anti-social behaviour in the past.

     

    Ms Bina Patel, Licensing Manager, informed the Sub-Committee that:

     

    ·      There had been significant breaches on the conditions of the licence.

    ·      The premises was having a negative impact in the area.

     

    In response to questions from Members, Ms Patel informed the Sub-Committee that:

     

    ·      On 27 October 2018, the premises had been observed to be trading past permitted hours.

    ·      The CCTV cameras were not functioning and this was a significant breach of the licensing conditions.

     

    Adjournment and Decision

     

    At 9.42pm, 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.

     

    RESOLVED: To refuse the application.

     

    Announcement of Decision

     

    Members returned to the meeting and the Chair informed those present of the decision to refuse the application. The Sub-Committee had carefully considered all the representations made and had decided to refuse the application. Full written reasons would follow in due course. The Sub-Committee was convinced by the submissions made by the residents.  ...  view the full minutes text for item 4b

4c

Kwik Stop Express (aka Costcutter), 98 Brixton Hill London SW2 1QN (Brixton Hill) pdf icon PDF 132 KB

    Additional documents:

    Minutes:

    On opening the meeting, the representative for the premises licence holder, Mr David Dadds, informed the Sub-Committee that:

     

    ·      He requested for the application be adjourned due to additional documents having been submitted by the Police which needed to be considered.

    ·      As a representative for the applicant, it was important for him to be able to consider the information and seek clarification or further information where necessary.

    ·      The additional documents had not yet been seen by the Sub-Committee.

               

    Mr James Rankin, representing the Police, informed the Sub-Committee that: 

     

    ·      A recent incident had occurred on 16 February 2019 where a member of the public was assaulted and papers for these had been obtained on 21 February 2019. These were then submitted to the Licensing team but these papers had not appeared to have been received by anybody.

    ·      The applicant was in the same position as him and had copies of reports explaining the position in respect of the assault. There was also CCTV footage which needed to be downloaded and inspected before submitting a case to the Sub-Committee.

     

    In response to questions from Members, Mr Rankin informed the Sub-Committee that:  

     

    ·      Nobody had been charged and an investigation was on-going. 

     

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

     

    ·      She was happy with the application to adjourn.

     

    Decision

     

    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 adjourn the hearing.

     

    RESOLVED: To adjourn the hearing.

     

    Announcement of Decision

     

    The Chair informed those present of the decision to agree an adjournment. The hearing was re-scheduled for 28 March 2019. 

     

     

4d

Kwik Stop Food And Wine 72 Brixton Hill London SW2 1QW (Transfer of Premises Licence) (Brixton Hill) pdf icon PDF 280 KB

4e

Kwik Stop Food And Wine 72 Brixton Hill London SW2 1QW (Variation of Designated Premises Supervisor) (Brixton Hill) pdf icon PDF 279 KB

5.

Consideration of an objection for a Temporary Event Notice pdf icon PDF 211 KB

    Minutes:

    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 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 was due to take place on 2 March 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

Tia Maria, 126 South Lambeth Road, London, SW8 1RB (Oval) pdf icon PDF 322 KB

    Additional documents:

    Minutes:

    Presentation by the Licensing Officer

     

    The Sub-Committee was informed that this was an objection to a temporary event notice (TEN). The Sub-Committee’s attention was drawn to chapters 7, 9 and 15 of the Statutory Guidance and Sections 5, 5.11, 5.20 and 5.27 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 8 of the additional agenda papers.

     

    The Licensing Officer confirmed:

     

    ·      The notice had been given by Mr Eduardo Dantas.

    ·      The Police objected to the notice and PC Hannah Eldridge was in attendance.

    ·      The TEN requested regulated entertainment, late night refreshment and sale of alcohol for the following days:

    ·      Saturday 2 March 2019 between 00:00 and 03:00.

    ·      Sunday 3 March 2019 between 00:00 and 03:00

    ·      Monday 4 March between 00:00 and 01:00. 

    ·      The notice giver had been the DPS at the premises since October 2010 and the premises license holder since 23 August 2011.

     

    Presentation by the objector

     

    PC Hannah Eldridge informed the Sub-Committee that:

     

    ·      The Police had objected to the application due to incidents that had occurred at the premises.

    ·      One incident was an assault on the London Ambulance Service paramedic. This assault was committed by an individual feigning unconsciousness before assaulting the service person for doing their job. In order to get to the unconscious person, the paramedic had to make their way through a large crowd. He was on his own and had called the Police to ask for assistance in order to get to the unconscious male.

    ·      The individuals in the area were patrons attending Tia Maria.

    ·      The Police only had approximately 30-36 Police officers in total at their disposal for the whole borough.

    ·      It was unacceptable for these incidents to occur.

    ·      Other three incidents were rooted in intoxication, including a domestic incident. The two parties involved did not make allegations. Police had spoken to security who had refused to give statements.  The premises licence holder was not upholding the Licensing Act. Police asked to view CCTV and the officer was unable to gain access to it. This was a breach of condition 5. 

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

    ·      There were two amendments that needed to be made in relation to the representation. Firstly, the objections were made on 8 December 2018 and the date that read ‘18/6/19’ should read ‘18/6/18’.

    ·      Regarding the incident on 27/10/18, which was a domestic incident, a female patron had stated that her partner was drunk.

    ·      On 18 June 2018, two individuals had attended the premises, got into an argument which later escalated outside. One officer had spoken to the manager, who would know how to access to the CCTV cameras and the officer was told that it could not be accessed.

     

    Presentation by the notice giver

     

    The notice giver, Mr Eduardo Dantas, DPS and the premises licence holder, informed the Sub-Committee that:

     

    ·      He was present during the incident on  ...  view the full minutes text for item 5a