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 292 KB

To approve and sign the minutes of the meeting held on 8 and 29 October 2019 as a correct record of the proceedings.

Additional documents:

Minutes:

RESOLVED: That the minutes of the previous meeting held on 8 and 29 October 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 112 KB

 

Strategic Director, Sustainable Growth and Opportunity

Contact: Bina Patel, Licensing Manager, 020 7926 4103

Email: bpatel@lambeth.gov.uk

 

 

Minutes:

With the exception of application 4d (which was withdrawn), the Sub-Committee decided to hear applications in the following order: 4b, 4c, 4a and 4e.   

4a

The Adventure Bar, 38 Clapham High Street, London, SW4 7UR (Clapham Town) pdf icon PDF 282 KB

    Additional documents:

    Minutes:

    Presentation by the Licensing Officer

    The Sub-Committee was informed that this was an application to vary a premises licence. The Sub-Committee’s attention was drawn to Chapters 2, 3, 8, 9 and 10 of the Statutory Guidance, and to sections 5, policy 1, 7, 8 and Appendices 1, 3, 5, 6 and 10 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 5.2 of the report on pages 29 of the agenda papers.

     

    The Licensing Officer confirmed that:

     

    ·      This was an application to vary a premises licence.

    ·      The applicant was seeking to extend the premises operating hours on Monday to Thursday to 03:00.

    ·      Representations had been received against the application from Licensing, Police and a councillor.

    ·      Additional information had been provided by the applicant.

     

    Mr James Anderson, Mr Tobias Jackson, Mr Mark Halton and Mr Tony Scottinformed the Sub-Committee that:

     

    ·      There was an error in the report which stated that there were 55 licensed premises in South Lambeth Road, but the premises was not located in South Lambeth Road.

    ·      The applicant had submitted a detailed application and was making the application in an area which was subject to a cumulative impact policy in the Council’s Statement of Licensing Policy.

    ·      The application had been tailored so that the hours requested were only for the quiet nights of the week.

    ·      There was a need in the area for a pleasant cocktail bar with entertainment for the quieter nights of the week. This was not something that was offered by the applicant’s competitors.

    ·      No application had been made for the usually busier Fridays and Saturdays.

    ·      The applicant wanted to offer this option to local people.

    ·      The applicant had applied for temporary event notices (TENs) and had operated without any difficulty.

    ·      Mr Mark Halton had analysed the premises in operation and had submitted a report.

    ·      The premises was considered to be well run, particularly its dispersal policy and this was something that the applicant would maintain.

    ·      The application being granted with later operating hours was not at odds with the policy as later operating hours would not be detrimental if a good operator was in place. A good operator could operate late hours without undermining the licensing objectives.

    ·      The premises did not suffer from any, noise issues, complaints or any issues near the premises.

    ·      Residents had not made a representation.

    ·      The applicant had offered conditions.

    ·      The maximum occupancy of the premises was 163 persons but the applicant could agree to 80 persons.

    ·      In practicality, much fewer than 80 people would occupy the premises during the hours applied for.

    ·      There would be a gradual dispersal of patrons from the premises later on in the evening.

    ·      The application was not a plan to sell more alcohol. Generally speaking, younger people drank less.

    ·      Many patrons often drank non-alcoholic drinks.

    ·      The premises offered non-alcoholic cocktails.

    ·      Although there would be some patrons drinking alcohol, there would also be patrons who simply wished  ...  view the full minutes text for item 4a

4b

Unnamed, 170 Norwood Road, London, SE27 9AZ (Thurlow Park) pdf icon PDF 273 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, 8, 9 and 10 of the Statutory Guidance, and to sections 5, 6 and 14 and Appendices 1-7, 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 paragraphs 6.2 of the report on pages 70 of the agenda papers.

     

    The Licensing Officer confirmed:

     

    ·      The applicant wished to operate the premises as a takeaway.

    ·      Representations had been made by Licensing and Public Protection.

    ·      Following an agreement with the Licensing team, the applicant had agreed to amend the hours so as to align this aspect of the application with the ‘preferred hours’ outlined in the Council’s Statement of Licensing Policy. Accordingly, the applicant was now seeking a terminal hour for licensable activity until 00:00 Sunday to Thursday and until 01:00 Friday and Saturday.

    ·      Licensing had since withdrawn their representation against the application.

    ·      The representation made by Public Protection was the only remaining representation. 

    ·      The application could be found on pages 73 – 93 of the agenda papers.

    ·      The representation made by Public Protection could be found on pages 93-99 of the agenda papers.

    ·      Proposed conditions could be found on page 101.

    Presentation by the applicant

    Mr Keith Magenda and Mr Varnham informed the Sub-Committee that:

     

    ·      The premises had started operating on 5 August 2019 after expensive work had been carried out at the premises.

    ·      The premises was managed by Mr Ghandi who had 13 years’ experience, including working at KFC for five years. 

    ·      In view of the cost of running the business and running it in the local area, the applicant had applied for a licence for late night refreshment.

    ·      The applicant was only requesting a short extension to its hours.

    ·      An establishment near the premises had a licence until 01:00 Sunday to Saturday. There was also an off-licence which had a licence to sell alcohol until 02:00. 

    ·      The applicant was simply attempting to meet the demands of the community.

    ·      The premises staff would comply with all conditions on the licence, particularly with regard to CCTV.

    ·      CCTV was displayed in the premises, notices would be displayed to customers and staff would be briefed on how to handle serving intoxicated individuals.

    ·      Children under the age of 18 must be accompanied by an adult whilst licensable activity was taking place (after 23:00). 

    ·      Staff would be told to inform the duty manager in case of any irregularities. 

    ·      No cooking fumes would affect the community.

    ·      The premises was a small unit which had been running since 5 August 2019.

    ·      The application had received no complaints from any residents or members of the public in the area.

    ·      A meeting had taken place yesterday with the applicant and Public Protection.

    ·      The applicants were upstanding citizens. 

    ·      If there were any problems, then the applicant was open to maintaining a positive dialogue with the responsible authorities.

    In  ...  view the full minutes text for item 4b

4c

Green Acharaike, T/A Xpress World, 248 Brixton Road, London, SW9 6AQ (Vassall) pdf icon PDF 274 KB

    Additional documents:

    Minutes:

    Presentation by the Licensing Officer

    The Sub-Committee was informed that this was an application to vary a premises licence. The Sub-Committee’s attention was drawn to Chapters 2, 3, 8, 9 and 10 of the Statutory Guidance, and to sections 5, 6 and 14 and Appendices 1-7, 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 paragraphs 6.2 of the report on pages 106 of the agenda papers.

     

    The Licensing Officer informed the Sub-Committee that:

     

    ·      This was an application to vary the premises licence.

    ·      The applicant was seeking to extend its operating hours on Friday and Saturday until 02:00.

    ·      Representations had been submitted by Licensing. 

    ·      The application could be found on page 109 to 134 of the agenda papers.

    ·      The representations could be found on pages 115 to 119. 

     

    Presentation by the applicant

    The applicant, Mr Acharaike, informed the Sub-Committee that:

     

    ·      He had held the licence since 2016 but had been struggling financially.

    ·      Some of the financial struggles included loans he had to take and the general upkeep of the business.

    ·      He also had two children and a family.

    ·      As the business had been struggling, he decided to apply for an extension of the terminal hour (until 02:00). 

    ·      There had not been any issues regarding the operation of the premises.

    ·      He upheld all the licensing objectives and would be happy with any additional conditions the Sub-Committee wished to apply.

     

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

               

    ·      Intoxicated customers would not be served alcohol.

    ·      Some patrons to the premises worked late hours and simply came into the premises to buy food and alcohol.

    ·      He knew some of the patrons personally.

    ·      Security would be present to stop any suspicious individuals coming into the premises.

    ·      The business was working well.

    ·      He would ensure that all the conditions on the licence would be upheld accordingly.

    ·      He agreed with the conditions put forward on page 117 of the agenda papers.

     

     

    Presentation by interested parties

     

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

     

    ·      She was concerned with the hours proposed by the applicant.

    ·      The premises was licensed until 23:00.

    ·      There was street drinking in the area and the applicant had not offered solutions as to how these issues would be addressed.

    ·      Her written representation was clear.

    ·      The application should be refused, but she had proposed conditions if the Sub-Committee was minded to grant the application.

     

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

     

    ·      She had no correspondence with the applicant since the application had been submitted.

    ·      If the Sub-Committee was minded to grant the application then condition 26 could be removed.

     

    The applicant was recalled to address matters arising.In response to questions from Members, MrAcharaike informed the Sub-Committee that:

     

    ·      He would not promote street drinking by selling single cans or beers.

    ·      He would not serve to intoxicated individuals.

    ·      The business could not be found  ...  view the full minutes text for item 4c

4d

Traders, 29 North Street, London SW4 0HJ (Clapham Town) pdf icon PDF 276 KB

4e

Hurlingham (Passenger Vessel), Lambeth Pier, Albert Embankment, London, SE1 7SG (Bishop's) pdf icon PDF 129 KB

    Additional documents:

    Minutes:

    Presentation by the Licensing Officer

    The Sub-Committee was informed that this was an application to review a premises licence following a summary review. The Sub-Committee’s attention was drawn to Chapters 2 and 12 of the Statutory Guidance, as the ones particularly relevant to this application. The options available to the Sub-Committee were set out in paragraphs 6.2 of the report on pages 172 of the agenda papers.

    The Licensing Officer confirmed:

     

    ·      This was an application for a full review of a premises following a summary review.

    ·      22 representations had been received in support of the review application.  

    ·      CCTV video and Police body worn footage was available for the Sub-Committee to examine.

     

    Presentation by the applicant

     

    Ms Woods, representing the Police, informed the Sub-Committee that:

     

    ·      The premises was a vessel, often referred to as a ‘party boat’. 

    ·      The premises was often based in a residential area. 

    ·      The premises was considered to be a nightclub. This was supported by promotional material relating to the premises which had been described as ‘a floating nightclub’. It also acted as a football fans travel and transfer vessel. 

    ·      The premises also sold alcohol. 

    ·      The review application had been instituted as a result of an incident of serious violence occurring at the premises.

    ·      There was a long history of complaints regarding the premises and this was not something that the applicant was at the meeting to address.

    ·      The concern related to the crime and disorder objective. 

    ·      There had been a series of incidents at the premises in the past year. 

    ·      Conditions that had been suggested to the licence holder had been mostly agreed.

    ·      The applicant’s position was that unless the conditions were agreed in full by the licence holder, then revocation of the licence would be sought. 

    ·      The first relevant incident that could be listed was from 25 May 2019.

    ·      The captain called Police to the premises as a fight had broken out.

    ·      The individual involved in the fight was drunk. When the vessel docked, Police searched the premises and arrested an individual for ABH. Only 1 security staff member was on board at the time.

    ·      There was an incident in July 2019 when the Police were called due to a noise nuisance issue. The DJ on the microphone was using profanity and encouraging patrons to repeat his words.

    ·      Another incident in July 2019 occurred at a 130 people event. This event was cancelled due to safety issues which had been identified.

    ·      On 3 August 2019, a fight had occurred at the premises. The licence holder lost control of patrons and had to contact the Marine Service Unit to manage the disorder.

    ·      On 29 September 2019, the premises carried Leeds United football fans who were engaging in anti-social behaviour. One individual ran in to market nearby and started burning Turkish flags.Police identified mismanagement of alcohol service and inappropriate levels of security at the premises.

    ·      In three of the incidents outlined, patrons were drunk.

    ·      On 16 October 2019, a meeting was held between Police and the licence  ...  view the full minutes text for item 4e