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:

Councillor Bray informed that she was a Member in Clapham Town ward where the premises concerning application 4b was situated.

 

3.

Minutes pdf icon PDF 321 KB

To approve and sign the minutes of the meeting held on 26 February 2019 as a correct record of the proceedings.

Minutes:

RESOLVED: That the minutes of the meeting held on 26 February 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 110 KB

 

Strategic Director, Residents Services

Contact: Bina Patel, Licensing Manager, 020 7926 4103

Email: bpatel@lambeth.gov.uk

 

 

Minutes:

The Sub-Committee decided to hear the applications in the following order:

 

5a, 4c, 4a and 4b

 

4a

The Drinks Store, 92 Streatham Hill, London, SW2 4RD (Streatham Hill) pdf icon PDF 134 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 27 of the agenda papers.

     

    The Licensing Officer confirmed:

     

    ·      The application was submitted by Trading Standards following a test purchase whereby a person under the age of 18 was sold alcohol. The incident had occurred on 14 August 2018.

    ·      Trading Standards had subsequently found that the premises was in breach of conditions on its premises licence.

    ·      The Licensing team had carried out an inspection at the premises on 8 March 2019.

    ·      The findings regarding the inspection had been circulated to all parties.

    ·      The DPS, Mr Rajput, was in attendance at this meeting.

    ·      The premises licence holder was not in attendance at this meeting.

     

    Presentation by the applicant

     

    Ms Catherine Forest, Trading Standards Officer, representing the applicant, informed the Sub-Committee that:

     

    ·      Concerns about the premises had been raised subsequent to an underage sale having taken place at the premises.

    ·      The DPS would run the premises on a day-to-day basis.

    ·      The underage sale related to the sale of a bottle of wine to a 15-year-old child.

    ·      Alcohol sales at the premises could only occur in the presence and authorisation of a personal licence holder and at that time there was no personal licence holder (or DPS) present at the premises.

    ·      Trading Standards were told that the DPS needed to tend to his sick mother and could have closed the premises or could have instructed the staff member not to sell alcohol whilst he was not present. The DPS did not do either of these things.

    ·      The premises had a mandatory condition to use their age verification policy when selling alcohol, but the DPS confirmed that there was no age verification policy at the time of the underage sale.        

    ·      The store had an electronic till with a function to assist premises staff regarding age-restricted sales which not been enabled at the time the underage sale took place.

    ·      The premises did not have any refusal registers.

    ·      The staff member who had sold the alcohol had not been issued with any training.

    ·      There were no documented records of training for staff, which was a breach of the licensing conditions.

    ·      The DPS had informed that he had not spoken to the staff member about the issue relating to the underage sale because the staff member had learning difficulties.

    ·      The premises also sold other age restricted goods such as cigarettes and knives.

    ·      An alcoholic drink above 6.5%abv was found stocked on sale at the premises. This was a breach of the licensing conditions.

    ·      Bottle openers had been found by the till.

    ·      A DPS needed to be on site when the  ...  view the full minutes text for item 4a

4b

Londis, 192 - 194 Clapham High Street, London, SW4 7UD (Clapham Town) pdf icon PDF 132 KB

    Additional documents:

    Minutes:

    The Licensing Officer confirmed:

     

    ·      The legal representative for the premises licence holder had informed that he would like the hearing to be adjourned due to the service of additional documents by the applicant earlier in the day. 

    ·      The applicant and the Police had stated that they wished to withdraw the additional documents which had been circulated. 

     

     

    The representative for the premises licence holder, Mr Gibson, informed the Sub-Committee that:

     

    ·      He was sent the additional papers at 12:40 earlier in the day.

    ·      The issues raised in the papers were not issues about which the premises licence holder was aware.

    ·      It was easy for the Police to request that the Sub-Committee discard the papers that had been submitted to them, but the Sub-Committee had already read the papers and had awareness of them.

     

    The Legal Officer informed the Sub-Committee that it was appropriate in the circumstances to adjourn the application so the premises licence holder would be able to fully prepare and to deal with the issues raised in the additional circulated papers and in this way ensure procedural fairness.

     

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

     

    ·      Although the representative to the premises licence holder made a fair point regarding the circulation of the additional papers, it was in the public interest to hear the application as the concerns regarding the premises were of a serious nature.

     

    Adjournment and Decision

    At 4.08pm, 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 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.

    The Sub-Committee felt that given the severity of the allegations made in the additional documents that had been served and the fact that the premises licence holder had not had enough time to respond to the allegations, the Sub-Committee felt that it would not be in the public interest to proceed in hearing the application and accordingly adjourned the hearing until 9 May 2019.

     

4c

Fire Night Club, 39 - 44 Parry Street, London, SW8 1RT (Bishops) pdf icon PDF 335 KB

    Additional documents:

    Minutes:

    The Licensing Officer confirmed:

     

    ·      This was an application for a new premises licence

    ·      The applicant had asked for adjournment as the fire safety consultant to perform the fire risk assessment was no longer available.

    ·      The issue related to condition 86 which limited the outside area to 100 persons including staff.

    ·      The applicant wanted to arrange a meeting with responsible authorities to agree conditions.

    ·      The responsible authorities had already agreed to an adjournment.

    ·      The Sub-Committee was asked to adjourn the application as it was in the public interest to do so.

    ·      The hearing would be adjourned to 9 May 2019.

     

    Decision

    The Sub-Committee had heard and considered a representation from the Licensing Officer in which it was explained that all parties to the application were seeking an adjournment in order that further discussions might take place the object of which was the narrowing of the issues for the hearing.

    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

    The Sub-Committee announced that the application to adjourn had been granted as it was considered to be in the public interest and that the application would now fall to be considered on 9 May 2019.

     

5.

Licensing Application for the Expedited Review of a Premises Licence pdf icon PDF 184 KB

    Special circumstances justifying urgent consideration

     

    An application for a Summary/Expedited review under Section 53A (of the

    Licensing Act 2003) was submitted to Lambeth Council on 20 March 2019

    in respect of the Premises Licence held. On receipt of a valid Summary

    Review application the Licensing Authority must, within 48 hours, consider

    whether it is necessary to take any interim steps pending determination of

    the review of the premises licence. The Sub-Committee has been

    convened for the purpose of settling what if any interim steps may be

    necessary. The Authority must then undertake the full review within 28

    days of receipt of the application.

     

    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 expedited review 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

     

    An application for a Summary/Expedited review under Section 53A (of the Licensing Act 2003) was submitted to Lambeth Council on 20 March 2019 in respect of the Premises Licence held. On receipt of a valid Summary Review application the Licensing Authority must, within 48 hours, consider whether it was necessary to take any interim steps pending determination of the review of the premises licence. The Sub-Committee had been convened for the purpose of settling what if any interim steps may be necessary. The Authority must then undertake the full review within 28 days of receipt of the application.

     

    The Chair was 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 expedited review because of the special circumstances of the need to comply with the statutory requirements of the Licensing Act 2003.

5a

Blues Bar, 260 Brixton Road, London SW9 6AQ (Vassall) pdf icon PDF 104 KB

    Additional documents:

    Minutes:

    Presentation by the Licensing Officer

    The Sub-Committee was informed that this was an application for an expedited review of a premises licence. The Sub-Committee’s attention was drawn to chapters 2 and 12 of the Statutory Guidance and Sections 53A of the Licensing Act 2003 Summary Review Guidance 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 8 of the additional agenda papers.

     

    The Licensing Officer confirmed:

     

    ·      This was an application made under section 53a of the Licensing Act for a summary review submitted by the Police on 20 March 2019.

    ·      The application was submitted following an assault at the premises resulting in grievous bodily harm.

    ·      Injuries were sustained by the victim following being punched in the face and head. He was also hit by a glass bottle.

    ·      A member of security staff found at the premises who did not hold a valid SIA badge and carried a CS Spray canister. 

    ·      The Police found other conditions breached at the premises.

    ·      The premises licence holder was not in attendance at this meeting. 

    ·      Representing the Police was PC Eldridge who was accompanied by a legal representative.

    ·      The premises was subject to a review application submitted by the Licensing team and was scheduled to be heard on 28 March 2019.

     

    Presentation by the applicant

     

    PC Eldridge and her representative informed that the Sub-Committee that:

     

    ·      The application had been submitted to request interim measures be taken against the premises because it had become associated with serious crime.

    ·      The Licensing Act enabled the swift dealing of a situation where a premises was found to be associated with serious crime and disorder in order to take urgent interim steps pending a full review application.

    ·      There was a certificate that was signed by the Chief of Police in support of the Police report.

    ·      A serious assault had occurred at the premises whereby a victim had sustained injuries. Other concerning incidents had been observed at the premises, particularly staff cleaning the premises and removing the evidence before Police had arrived.

    ·      The suspect was an intoxicated 17-year-old individual.

    ·      Of the two door supervisors appointed at the premises, one had a falsified SIA security badge and was carrying CS spray.

    ·      Both members of door staff were male when at least one female member of staff was required as per the conditions of the licence.

    ·      Other issues included the breach of condition 2 (a log required for any drugs found the premises), condition 7 (regarding the keeping of an incident log), condition 16 and 17 (regarding the vetting of door staff), condition 20, (the requirement for one female door staff member), condition 23 and 24 (regarding private hire - as 40 days notice needed to be given to Police prior to a private hire event), condition 32 (no entry to the premises after 02:00 - ID scanners indicated that patrons had been let into the premises after that time), condition 34 (regarding the use of glassware  ...  view the full minutes text for item 5a