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 235 KB

To approve and sign the minutes of the meeting held on 28 March 2019 as a correct record of the proceedings.

Minutes:

RESOVLED: That the minutes of the previous meeting held on 28 March 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 111 KB

 

Strategic Director, Residents Services

Contact: Bina Patel, Licensing Manager, 020 7926 4103

Email: bpatel@lambeth.gov.uk

 

 

4a

Bermondsey Art Club, 180 Kennington Lane, London, SE11 4UZ (Bishops) pdf icon PDF 277 KB

    Additional documents:

    Minutes:

    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, 9, 10 and 15 of the Statutory Guidance and Sections 5, 6, 13 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 26 of the agenda papers.  

     

    The Licensing Officer confirmed:

     

    ·      The application was for a new premises licence.

    ·      The applicant was seeking the sale of alcohol, late night refreshment and regulated entertainment from 09:00 to 02:30 Monday-Sunday.

    ·      Representations against the application had been received from the Licensing team and residents.

    ·      The application could be found from page 27-50 of the agenda papers.

    ·      The plan for the application could be found on page 51 of the agenda papers.

    ·      Representations could be found from pages 53-61 of the agenda papers.

    ·      Proposed conditions could be found from page 63-65 of the agenda papers. 

    ·      A letter supporting the application could be found in the additional agenda papers.

    ·      The Licensing team had objected to the application. 

    ·      Residents had objected to the application. 

     

     

    The applicant, Mr George Garnier, Director of the Bermondsey Art Club, informed the Sub-Committee that:

    ·      The application was a good reflection of the existing premises licence he had in Southwark.

    ·      He had applied for hours which may appear to be lengthy but felt that it was appropriate due to the need to maximize the commercial element of the premises.

    ·      If the premises was not able to operate longer hours there then thebusiness would not be viable. 

    ·      He had applied for a licence to operate 7 days a week with as few restrictions as possible. 

    ·      His intention was to run the premises in a similar fashion to the premises he already ran in Southwark.

    ·      The premises in Southwark had been run since 2014 without any complaint. All inspections that had been made at the premises by the responsible authorities had been to their satisfaction.

    ·      He had never received any complaints from local residents for the premises in Southwark and continued to run the premises which was well managed and well operated.

    ·      The premises in Lambeth would be able to accommodate 66 persons but he was not looking to serve that many patrons in one event.

    ·      One event would typically serve 20-28 patrons. 

    ·      The goal of the business was to create a unique offering to the locality and was not in line with the sort of products offered in nearby establishments in the area.

    ·      There were two licensed premises in the area within 20 meters of the premises. Both of these had late licences and one of them, the Dog House, had a licence granted on 8 April 2019. They had a licence until 02:00 on Friday and Saturday nights.

    ·      Another premises in the area had a licence until 01:30.

    ·      He accepted that it was unlikely that the  ...  view the full minutes text for item 4a

4b

Fire Night Club, Arches 39-44 Parry Street, London, SW8 1RT (Oval) pdf icon PDF 336 KB

    Additional documents:

    Minutes:

    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, 9, 10 of the Statutory Guidance and Sections 1, 5, and 7 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 82 of the agenda papers.

     

    The Licensing Officer confirmed:

     

    ·      This is an application for a new premises licence for regulated entertainment, late night refreshment and the provision of alcohol 24 hours a day, seven days a week.

    ·      There was one representation in support of the application.

    ·      There were five representations against the application. These were from the Licensing team, Fire Safety, Food Health and Safety, Police and Public Protection.

    ·      The representations were based on all four licensing objectives.

    ·      Following mediation, the Food Health and Safety team withdrew their representation and the Police and Licensing team had proposed conditions which were yet to be finalised. These conditions can be found on pages 17 to 25 of the additional the additional agenda papers.

    ·      The application could be found on page 83 of the agenda papers.

    ·      Representations could be found on pages 121-129 of the agenda papers.

    ·      The premises licence could be found from page 13 of the agenda papers.

     

    In response to questions from members, the Licensing officer confirmed:

    ·      The Food Health and Safety team had withdrawn their application.

    ·      Public Protection were not present at the meeting but their representation still stood.

     

     

    Mr Phil Crier, representative for the applicant, stated that conditions have mainly been agreed between the applicant and the Licensing team with the exception of condition 81. Both the Police and Licensing team felt that the condition should be imposed. He proposed that the word ‘photographic’ be removed from the condition as there was a problem with photographic identification for data protection reasons.  Furthermore, at the end of point ‘c’ the words ‘such a consent not to be unreasonably withheld’ should be added.

     

    Point ‘c’ also stated that Police must have four weeks notice of third party events held at the premises but with such events, sometimes it was not possible to provide such extensive notice. The Police having an absolute right of veto of a scheduled event was against a progressive partnership and it was for this reason that the condition should state ‘such a consent not to be unreasonably withheld’.

     

    PC Eldridge informed the Sub-Committee that:

    ·      The reason the Police had suggested that the condition require photographic identification was so that the identification provided could be verified. 

    ·      Part ‘c’ of condition 81 did state that a shorter timescale for approval could be sought by the applicant, but that would still need permission from the Police. This was to ensure that the Police did not disapprove of the event holder from holding the event.

    ·      She was happy with the proposed additional wording of ‘such a consent not  ...  view the full minutes text for item 4b

4c

Ever Fresh Food and Wine, 38 Brixton Road, London, SW9 6BT (Oval) pdf icon PDF 133 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, 15, 16 and 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 6.1 of the report on page 167 of the agenda papers.

     

    The Licensing Officer confirmed:

    ·      This was an application to review a premises licence following a test purchase on 20 March 2019 by Trading Standards acting as a responsible authority.

    ·      Two test purchases were made by persons under the age of 18 on 29 May 2018 and 31 October 2018.

    ·      On further investigation, the premises was found to be in breach of conditions of the licence.

    ·      Additional documents had been circulated to all parties.

     

     

    Presentation by applicant

    Ms Katherine Forest, Trading Standards Officer, informed the Sub-Committee that:

    ·      The review application was based on the licensing objectives of crime and disorder and the protection of children from harm.

    ·      In relation to the test purchase, this was a supervised covert operation and the purchasers were visibly under 18 and did not carry age identification.  This was a safe means to check compliance of the Licensing Act (if the premises sold age restricted products). 

    ·      The first test purchase had taken place in May 2018. A bottle of beer was sold to a 15 year old child.

    ·      It was discovered later that the staff member was not trained and it was his first day. He was also not authorised to sell alcohol.

    ·      Other alcohol was found to be on sale which had 7.5%abv and 6.6%abv. This was a breach of licensing conditions. 

    ·      The Challenge 25 policy was not prominently displayed on the premises.

    ·      The last record of refusal was on 10 December 2017, five months prior to the test purchase.  Advice was given to premises staff to operate the Challenge 25 policy, display adequate signage and have documents of training records.

    ·      Premises staff was asked to attend an interview. More advice was given to the premises licence holder including the need to train staff and the need to use till prompts. 

    ·      The premises had till prompts installed but had not programmed the till for it to work.

    ·      The outcome of the test purchase resulted in a prosecution and the premises licence holder was fined in court. 

    ·      Another test purchase was conducted in October 2018. The test purchaser was a 15 year old who was sold alcohol by a 17 year old staff member.

    ·      Trading Standards felt that the individual who had sold the alcohol had a poor command of English and this was needed to sufficiently challenge a suspected underage person.

    ·      Neither a personal licence holder or the DPS were present at the premises at the time of the sale.

    ·      Another individual was present at the premises who claimed to be fixing carpeting  ...  view the full minutes text for item 4c