Contact: Julia Skinner, Democratic Services, 020 7926 0147, Email: firstname.lastname@example.org
Election of Chair
MOVED by Councillor Phillip Normal, SECONDED by Councillor Ibrahim Dogus
RESOLVED: That Councillor Fred Cowell be elected Chair for the meeting.
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.
None were declared.
To approve and sign the minutes of the meeting held on 3 November 2021 as a correct record of the proceedings.
RESOLVED: That the minutes of the previous meeting held on 3 November 2021 be approved and signed by the Chair as a correct record of the proceedings.
Strategic Director of Residents Services
Contact: Bina Patel, Licensing Manager, 0207 926 4103
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, 10 and 16 of the Statutory Guidance, and to Sections 1, 3, 4, 8 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 of the report on page 21.
Mr Ola Owojori, Licensing Officer, informed the Members that:
· This was an application for a new premises licence to be known asBrixx Bar & Grill.
· The application was seeking the Sale of Alcohol for consumption on and off the premises from Sunday to Thursday, 12:00 to 23:00, and Friday and Saturday 12:00 to 00:00.
· The application was also seeking Late Night Refreshment Friday and Saturday from 23:00 to 00:00.
· One representation had been received against the application from a local resident, Ms Karin Christiansen, who was not in attendance.
· David Dadds represented the applicant, and the applicant was Mr Dominic Degannes.
· Subsequent to the publication of the report, the applicant sent correspondence which had been sent to the objectors who had not responded and assumed to have maintained their objection.
Presentation by the Applicant
Mr David Dadds representing the applicant Mr Dominic Degannes, informed the Sub-Committee that:
· The applicant had asked that the application be granted as applied for.
· Conditions had been agreed with the Licensing Authority.
· The Council had written to Interested Parties on the 11, 15, 18 and 26 November and no response had been received.
In response to questions from Members, the applicant confirmed:
· Conditions had been agreed between the applicant and Licensing Authority, while the condition regarding recorded music had been withdrawn.
Presentation by Interested Parties
Ms Karin Christiansen was not present.
Adjournment and Decision
At 19:10, the Sub-Committee withdrew from the meeting together with the legal advisor and clerk to deliberate in private.
The Sub-Committee had considered representations and 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 for the following reasons:
· The conditions as agreed with the Licensing Authority upheld the Licensing Objectives.
· License is granted with Licensing Authority 51-53 attached to the license
RESOLVED: To Grant the application with conditions as agreed.
Announcement of Decision
Members returned to the meeting and the Chair informed those present of the decision to Grant and provided reasons for the decision as outlined above. The Sub-Committee had considered all the options available to them and ultimately felt that the conditions met the concerns which had been raised. The Chair confirmed that written notification of the decision would be sent in due course and that all parties had the right of appeal within 21 days of receival.
Presentation by the Licensing Officer
The Sub-Committee was informed that this was an application for a review of the current premises licence. The Sub-Committee’s attention was drawn to chapters 2, 3, 9, 10 and 11 of the Statutory Guidance, and to Sections 1, 5 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 paragraph 6.1 of the report on page 59.
Mr Ola Owojori, Licensing Officer informed Members that:
· This was an application for a review of the current premises licence at IBEX Venue Restaurant and Hall, 211 Clapham Road London SW9 0QH.
· The application was brought by the Metropolitan Police following alleged breaches of COVID-19 regulations and two representations were received in support of the review application, from the Licensing Authority and Public Protection Team.
· Body Cam footage had been provided by the Police and was available for the Sub-Committee to view.
· Representing the applicant was PC David Watson and representing the Licensing Authority was Bina Patel and therehere was no representation from Public Protection in attendance.
· Representing the license holder was Mr David Dadds and he was accompanied by the licensee, Mr Dominic Musse.
In response to questions from Members, the applicant PC Dave Watson confirmed:
· He was representing PC Mike Constable who was not present, and correspondence between PC Constable and Mr Dadds may have been missed by him.
· It was not the intention of the Metropolitan Police to withdraw the prosecution at the Magistrates Court for the alleged offences and it was the services intention to proceed with the prosecution relating to the incident and this premises.
At this point in proceedings, the Chair proposed to adjourn the meeting for the reason that it was inappropriate of the Sub-Committee to make a decision in relation to the review application as that would require them to adjudicate on facts before a criminal court had heard this matter, and because evidence may come before the Sub-Committee that may later be required in prosecution proceedings.
At this point in proceedings, Ms Selina Wiafe, Prosecutions Lawyer, advised the Chair that he was within his powers to adjourn the meeting, considering that the prosecution proceedings were to go ahead.
Mr David Dadds, representing the License Holder, Daniel Musse. said that:
· He agreed with the adjournment and had appealed the alleged breach.
· He had made four submissions to the Magistrates Court and was informed that the prosecution had been withdrawn and this was sent to the Metropolitan Police.
· The Licensing Authority had not known that the Metropolitan Police had withdrawn the prosecution. Papers had since been issued again that the license holder would have to appeal which was seen in his submissions as an abuse of process.
· This had caused considerable stress for the License Holder and wanted to assure the Sub-Committee that PC Mike Constable had visited the premises and was satisfied with the CCTV.
· Mr Dadds urged the Metropolitan Police ... view the full minutes text for item 4b