Agenda and draft minutes

Licensing Sub-Committee - Wednesday 3 November 2021 7.00 pm

Contact: Julia Skinner, Democratic Services,  020 7926 0147, Email: jskinner@lambeth.gov.uk

Items
No. Item

1.

Election of Chair

    Minutes:

    MOVED by Councillor Joshua Lindsey, SECONDED by Councillor Marcia Cameron.

     

    RESOLVED: That Councillor Fred Cowell be elected Chair for the meeting.

     

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.

Licensing Applications for the Grant / Review of a Premises Licence pdf icon PDF 236 KB

3a

SW4 Event, 82 - 84 Clapham Park Road London SW4 7BX (Clapham Common Ward) pdf icon PDF 405 KB

    Additional documents:

    Minutes:

    The Sub-Committee was informed that this was an application for a new premises licence. The Sub-Committee’s attention was drawn to chapters 2,3,8,9,16 of the Statutory Guidance, and to Sections 1,3,4,5,8,17 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 of the report on page 11.

     

    Presentation by the Licensing Officer

     

    Mr Ola Owojori, the Licensing Officer, confirmed:

     

    • This was an application for a new premises licence.
    • The premises was previously licensed until 12th February 2021, when the Licensing Authority became aware that the company that held the licence had dissolved on 11th October 2019.
    • The applicant is seeking authorisation for Live Music Friday 20:00 – 23:00 Saturday 20:30 – 23:00, Recorded Music and Sale of Alcohol (consumption on and off the premises) Monday to Wednesday 17:00 – 23:30 Thursday 17:00 – 00:00 Friday 17:00 – 01:00 Saturday 12:00 – 01:00 Sunday 12:00 – 23:30, Performances of Dance Friday and Saturday 21:00 – 22:30 and Late Night Refreshment from Sunday to Wednesday 23:00 – 23:30, Thursday 23:00 – 00:00, Friday and Saturday 23:00 – 01:00.
    • The opening hours for the premises are proposed as Monday to Wednesday 17:00 – 23:30, Thursday 17:00 – 00:00, Friday 17:00 – 01:00, Saturday 12:00 – 01:00 and Sunday 12:00 – 23:30.
    • One representation had been received against the application from the Licensing Authority.

     

    At this point in proceedings, the Licensing Officer assured members that all statutory procedures had been adhered to in this case and that this had been checked by the licensing service.

     

    Presentation by the Applicant

     

    The applicant, Mr Tajinder Virdi informed the Sub-Committee that:

     

    • The premises was previously licensed until 12th February 2021, and that the applicant sought to secure a premises licence similar in scope to that which was previously held for the venue.

     

    At this point in proceedings, the Chair directed Mr Virdi to conditions as proposed by the Licensing Authority, laid out on page 14 of the report.

     

    In response to questions from Members, Mr Tajinder Virdi confirmed:

     

    ·         That the applicant hoped to retain the permissions afforded under the previous licence.

    ·         The applicant had hoped to install tables and chairs in the outside area; however, Condition 24 rendered the outside area at the front of the premises unusable from 21:00 hours Monday to Sunday to prevent Public Nuisance.

    • Clients had been encouraged to purchase drinks at the bar, which rendered Conditions 10, 11 and 12 unsatisfactory to the applicant.
    • The applicant was applying for a terminal hour of 01:00 and to mitigate against public nuisance, the applicant proposed to deploy security on the premises and said that he would ensure that staff were trained to manage the space effectively.
    • While no security plan had been commissioned, or security documents supplied in support of the application, a security agency had previously been employed on site.
    • The applicant was unaware of an investigation of noise nuisance at the premises that took place seven years  ...  view the full minutes text for item 3a

3b

Studio Voltaire, 1A Nelsons Row, SW4 7JR (Clapham Town Ward)

    Minutes:

    The Sub-Committee was informed that this was an application for a new premises licence. The Sub-Committee’s attention was drawn to chapters 2,3,8,9,10,16 of the Statutory Guidance, and to Sections 1,3,4,8,16 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 of the report on page 40.

     

    Presentation by the Licensing Officer

     

    Mr Ola Owojori, the Licensing Officer, confirmed:

     

    • Studio Voltaire was an Arts Centre and this was an application for a Premises Licence.
    • The applicant was seeking authorisation for the sale of alcohol for consumption on and off the premises, during the hours Monday to Saturday 12:00 to 22:00 and Sunday 12:00 to 23:00.
    • The opening hours for the premises were originally proposed as Sunday to Wednesday 08:00 to 18:00 and Thursday to Saturday 08:00 to 23:00.

    ·         One representation had been received against the application from the Metropolitan Police.

    • Subsequent to publication of the report, the applicant had provided additional information, and this had been shared with all parties including Members.
    • Additional Conditions proposed by the Licensing Authority could be found on page 75-78 of the report.

     

    Presentation by the Applicant

     

    Ms Laura Parker, Managing Director of Studio Voltaire, informed the Sub-Committee that:

     

    • Studio Voltaire was a charitable organisation founded in 1994 that worked in the community, noting the LGBTQ+ community specifically, and resided on the premises since 1999.
    • The Café offer was an important element of the generating income for the charity, but also encouraged members of the community to use the studio space. 
    • The originally proposed opening hours had been extended to provision for events such as supper clubs
    • The Café area had a capacity of 36 seats, which was located in a closed and private space.
    • The sale of alcohol for consumption was usually while seated and ancillary to a meal, unless during an exhibition or talk.

     

    In response to questions from Members, the applicant confirmed:

     

    • There was the potential for supper clubs to become more popular, but this was likely not more than a weekly occurrence at that time.
    • The business provided a deli selection and natural wines, served to take-away and all profits went to the charity.
    • The premises was located behind a quiet street which did not attract foot traffic and to view the display of alcohol, customers would have had to enter the premises.
    • The maximum capacity of the café space was 36 people and during events such as exhibition talks or panel events, capacity increased to 60 people. The applicant did not see two security guards as necessary for the type of audience attracted.
    • If an event were to fall outside of standard operation, the applicant would apply for a Temporary Events Notice and agreed to impose a sunset clause.
    • If a threshold of 80-100 people was met, the applicant would apply for SIA security badged staff.
    • Studio Voltaire had a no smoking policy, including for staff, and those looking to smoke were directed not to  ...  view the full minutes text for item 3b

3c

Carmine 20-21 The High Parade, Streatham High Road London SW16 1EX (Streatham Wells Ward) pdf icon PDF 239 KB

    Additional documents:

    Minutes:

    The Sub-Committee was informed that this was an application for a new premises license. The Sub-Committee’s attention was drawn to chapters 2,3,8,9,10 of the Statutory Guidance, and to Sections 1 and 8 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 of the report on page 83.

     

    Presentation by the Licensing Officer

     

    Ms Pam Riley, the Licensing Officer, confirmed:

     

    • This was an application made by Bright Pete Holdings South Limited for a new Premises License to be known as Carmine, 20 - 21 The High Parade, Streatham High Road London.
    • The applicant was seeking authorisation for Film, Recorded Music, Late Night Refreshment and the Sale by Retail of Alcohol for consumption on and off the premises, from Monday – Wednesday 08:00 – 01:00, Thursday - Saturday 08:00 – 02:00 and Sunday 08:00 – 00:00 on premises.
    • A copy of the forms and floor plan could be found on page 29 - 44 of the Annex attached to the report.
    • There were two representations received against the application from residents. A copy of representations had been sent to the applicant via an agent and could be found at pages 85 - 90 of the report.
    • Subsequent to publication of the report, the applicant had provided additional information which had been shared with all parties.

     

    Presentation by the Applicant

     

    Consultant Solicitor and Applicant Director, Robert Sutherland and Christopher Howe, informed the Sub-Committee that:

     

    • The company had acquired the premises in the summer, which had then been closed for refurbishment and opened on 7 October 2021.
    • The overall investment in the premises was £120,000.
    • During the day, the premises operated as a restaurant and customers were served by waiting staff, while seated for the duration of the visit. During the evening, the premises operated as a restaurant and wine bar and most customers were seated.
    • As the lease transferred to the applicant, it was required not to surrender the previous license. There were questions on the lease and whether the original license would be retained and returned to the landlord if Bright Pete Holdings Ltd were to leave the premises and whether the previous license could be replaced this with the new premises license, if deemed acceptable.
    • The applicant would agree to a terminal hour for licensable activities of 01:00.
    • Two issues had been acknowledged relating to security and noise nuisance and it was noted that the noise disturbance had been located at the next-door premises.
    • The applicant agreed to a standard condition to install a noise limiter and certify that this had been done. 
    • The condition and requirement to ensure door supervisors on Thursdays, Fridays and Saturdays from 21:00, it was proposed that this was Fridays and Saturdays from 21:30 to 01:30, as from a crime and disorder perspective, there was not the footfall that necessitated security staff on a Thursdays.
    • There were no residential premises directly above or surrounding the premises and it was  ...  view the full minutes text for item 3c