Agenda and minutes

Licensing Sub-Committee - Friday 20 August 2021 2.00 pm

Venue: Microsoft Teams

Contact: Nazyer Choudhury, Democratic Services,  020 7926 0028, Email: nchoudhury@lambeth.gov.uk

Items
No. Item

1.

Election of Chair

    Minutes:

    MOVED by Councillor Linda Bray, SECONDED by Councillor Jennifer Brathwaite

     

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

     

    Councillor Jennifer Braithwaite had been appointed by the Chief Whip as a Substitute Member of the Committee ahead of the Licensing Sub-Committee and was eligible to sit as a committee member for this 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:

Councillor Jennifer Brathwaite declared that in relation to Theatro, (item 4c), she was a Gipsy Hill ward councillor.  However, she had no involvement with the application.

3.

Minutes pdf icon PDF 240 KB

To approve and sign the minutes of the meetings held on 9 June, 12 July and 20 July 2021 as correct records of the proceedings.

Additional documents:

Minutes:

RESOLVED: That the minutes of the previous meetings held on 9 June, 12 July and 20 July 2021 be approved and signed by the Chair as correct records of the proceedings.

 

4.

Licensing Applications for the Grant / Review of a Premises Licence pdf icon PDF 352 KB

Bayo Dosunmu, Strategic Director of Resident Services

Contact: Bina Patel, Licensing Manager, 020 7926 4103

Email: BPatel@lambeth.gov.uk

 

 

4a

Passyunk Avenue Unit 5, 22 Leake Street, London SE1 7NN (Bishop's ward) pdf icon PDF 525 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, 10 and 16 of the Statutory Guidance, and to Section 5, Policies 1 and 8, Appendices 1, 2, 3, 5, 6, 7 and 9 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 5.10 and 5.11 of the report on page 38 of the agenda papers.

     

    The Licensing Officer confirmed:

    • This was an application for a new premises licence submitted by Liberty Cheesesteak LS Ltd., at Unit 5, 22 Leake Street.
    • The application was seeking permission for the provision of films, indoor sporting events, live music, recorded music and sale by retail of alcohol from Sunday to Thursday 10:00-00:00 and Friday to Saturday 10:00-01:00.
    • The application also sought late night refreshment Sunday to Thursday 23:00 to 00:00 and Friday and Saturday 23:00 to 01:00
    • The premises proposed to open from 10:00 to 00:30 Sunday to Thursday and 10:00-01:30 Friday and Saturday.
    • The applicant had requested non-standard hours to 02:00 on New Year’s Eve.
    • Three representations had been received against the application from residents, based on the prevention of public nuisance and crime and disorder.  The representations could be found from pages 65 to 70 of the agenda papers.
    • Following publication of the papers, the applicant submitted additional information which had been circulated to all parties and Members ahead of the meeting.  The papers included an overview of the business, a dispersal policy, amended application form with amended hours and conditions,  photographs of Leake Street, and a response to those who had made representations. 
    • The applicant, their licensing agent and two residents who made representations were in attendance.

     

    A map and photographs of the premises was circulated to Members.

     

    Presentation by the Applicant

     

    In response to questions raised by the Chair in relation to the hours proposed and how issues raised by way of objections had been responded to, Mr Tom Bushnell, the applicant’s solicitor informed the Sub-Committee that:

    • Passyunk was a restaurant and bar celebrating the culture of Philadelphia - the City of Brotherly Love - by providing traditional food for a range of guests.
    • The venue had attracted restaurant critics and was valued by its customers.
    • The applicant took his premises licence very seriously and had established positive relationships with residents and housing associations, noting the dispersal policy and conditions that had been provided.
    • The proposed terminal hours had been reduced by one hour, which was earlier than the suggested terminal hours proposed in Lambeth’s Licensing Policy being 02:00 on Saturday.  The proposed hours were also in line with the preferred hour policy times of 00:00 on Sunday.
    • He suggested that some applicants would have insisted on keeping the original times proposed, especially as no objections from the responsible authorities had been received to the application.
    • The applicant wished to work with residents  ...  view the full minutes text for item 4a

4b

Charcoal Kebab, 266 Wandsworth Road, London SW8 2JR (Larkhall ward) pdf icon PDF 398 KB

    Additional documents:

    Minutes:

    Presentation by the Licensing Officer

     

    The Sub-Committee was informed that this was an application for a variation of the premises licence. The Sub-Committee’s attention was drawn to Chapters 2, 3, 8, 9, and 10 of the Statutory Guidance, and to Chapter 5, Policies 1, 3, 4, 8 and 16, Appendices 1, 2, 3, 4, 5, 6, 7 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 paragraphs 5.7, 5.8 and 5.9 of the report on pages 37-38 of the agenda papers.

     

    The Licensing Officer confirmed:

    • This was an application to vary the premises licence for Charcoal Express, 266 Wandsworth Road.
    • The premises currently operated as a restaurant and take-away until 00:00 and as a delivery service from 00:00 to 01:00 Monday to Thursday and 02:00 Friday and Saturday.
    • The application was seeking to provide late night refreshment until 04:00 allowing both deliveries and for customers to order take-aways at the premises.
    • The application was also seeking to extend the opening hours of the premises until 04:00 Monday to Sunday. 
    • Representations had been received from the Licensing Authority, Public Protection Team, one resident and one local councillor based on all four licensing objectives (prevention of crime and disorder, public safety, prevention of public nuisance and protection of children from harm).  Copies of the representations could be found on pages 103-109 of the main agenda papers.
    • The Licensing Authority conducted a visit to the premises on 12 June 2021 and identified four conditions that had not been adhered to by the applicant.  Details of the breaches were listed on page 80 of the main agenda papers.
    • Mr Iqbal Rana, applicant, Ms Bina Patel, Mr Oladayo Bello and Mr Chilton, resident, were in attendance.
    • A copy of the current premises licence could be found on pages 111-118 of the main agenda papers.
    • No issues had been received since the previous enforcement which identified breaches on 12 June 2021.

     

    A map and photographs of the premises was circulated to Members.

     

    Presentation by the Applicant

     

    Mr Iqbal Rana, applicant, informed the Sub-Committee that:

    • He did not understand the original terms of his licence that had been granted, in relation to the opening hours.
    • He commenced his business in February 2021 but could not open properly as a result of the pandemic.  However, Government restrictions had now provided him with an opportunity to work with residents.
    • He had previously applied for a terminal hour of 02:00 to provide good customer service to the community and was willing to review how his new business operated.  However, he had been granted a terminal hour until 00:00 and after that time believed he could open the shop for delivery only but not take-away.  
    • On being questioned further regarding his licence, the applicant clarified that he believed his business could only operate as a take-away service but did not realise he must operate as a delivery service after 00:00. 
    • As a new business,  ...  view the full minutes text for item 4b

4c

Theatro, 69-71 Westow Hill, London SE19 1TX (Gipsy Hill ward) pdf icon PDF 236 KB

    Additional documents:

    Minutes:

    Councillor Fred Cowell, Chair, confirmed that he was a resident in Gipsy Hill ward but lived quite away from the premises and did not consider himself conflicted in relation to his consideration of this matter.

     

    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 Section 5, Policies 1, 3, 4, 8 and 16, Appendices 1, 2, 3, 4, 5, 6 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 paragraphs 5.10 an 11 of the report on page 38 of the agenda papers.

     

    The Licensing Officer confirmed:

    • This was an application for a new premises licence for Theatro,69-71 Westow Hill.
    • The application was seeking authorisation for live music, recorded music, performance of dance, anything similar to music or dance and the sale of alcohol for consumption on and off the premises from Sunday to Wednesday 11:00-00:00 and Thursday to Saturday 11:00 to 01:00.
    • The application also sought authorisation for the provision of late-night refreshment Sunday to Wednesday 23:00 to 00:00, and Thursday to Saturday 23:00 to 01:00. 

    ·         In addition to those hours, the applicant seeks non-standard timings until 03:00 for Sunday over a bank holiday weekend and from the start of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.

    • 19 representations had been received in respect of the application.  Of this number, 14 objections were received from the  Licensing Authority; Police; Helen Hayes, MP and 11 members of the public, with the balance supporting representations coming  members of the public.  The representations made were based on all four licensing objectives, the prevention of public nuisance, prevention of crime and disorder, public safety and the protection of children from harm. The representations could be found from pages 141 to 176 of the agenda papers.
    • Since the report had been published, the following documents had been received from the applicant which had been circulated to all parties ahead of the meeting:

    -       An overview of the business;

    -       Illustrations of how the premises would look;

    -       A revised operating schedule, including amended hours;

    -       A sound engineer report;

    -       Letters of support; and

    -       Conditional Building Regulation Report and the Fire Authority’s response.

    • Sally, Stapleford, Rosemary Porter and Michelle Jarman also provided additional statements to their representations.  These had been circulated to the applicant and Members ahead of the meeting.
    • Arron Curtis, who had been called as a witness by the applicant, submitted a representation in support of the premises.
    • All additional documents received in respect of the application had been circulated to all parties and Members.
    • The applicant and their licensing agent, four residents who made representations, Miss Patel and PC Dave Watson were in attendance.

     

    Presentation by the Applicant

     

    In response to questions from the  ...  view the full minutes text for item 4c

5.

Consideration of objection to Temporary Event Notice pdf icon PDF 134 KB

    A meeting of the Licensing Sub-Committee has been convened as a result of an objection raised by the Police regarding Temporary Event Notices (TEN).  Section 105 (2)(a) (of the Licensing Act 2003 [part5]) requires a minimum of two days’ notice to be given.

     

    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 objections to the TEN because of the special circumstances of the need to comply with the statutory requirements of the Licensing Act 2003.

5a

Mingles 260 Brixton Road London SW9 6AQ (Vassall ward) pdf icon PDF 298 KB