Agenda and draft 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

    Minutes:

    For application 5a; MOVED by Councillor Linda Bray, SECONDED by Councillor Martin Tiedemann and

     

    RESOLVED:

    That Councillor Fred Cowell be appointed as Chair.

     

    For applications 4a, 4b, 4c and 4d; MOVED by Councillor Linda Bray, SECONDED by Councillor John Kazantzis and

     

    RESOLVED:

    That Councillor Fred Cowell be appointed as 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 157 KB

To approve and sign the minutes of the meeting held on 20 December 2018 as a correct record of the proceedings.

Minutes:

RESOLVED:

 

That the minutes of the meeting on 20 December 2018 be agreed and signed by the Chair as a correct record.

 

4.

Licensing Applications for the Grant / Review of a Premises Licence pdf icon PDF 111 KB

 

Strategic Director, Neighbourhoods and Growth

Contact: Bina Patel, Licensing Manager, 020 7926 4103

Email: bpatel@lambeth.gov.uk

 

 

Minutes:

The Sub-Committee decided that, with the exception of the withdrawn applications, it would hear the applications in the following order; 5a, 4d and 4c.

4a

House of Hygge, 41 Acre Lane, London, SW2 5TN (Brixton Hill) pdf icon PDF 279 KB

4b

Francino Chicken & Pizza, 209 Streatham High Road, London, SW16 6EG (St Leonards) pdf icon PDF 280 KB

4c

Local Express, 500 Brixton Road, London, SW9 8EQ (Ferndale) pdf icon PDF 130 KB

    Additional documents:

    Minutes:

    Presentation by the Licensing Officer

    The Sub-Committee was informed that this was an application for a review application. The Sub-Committee’s attention was drawn to chapters 2, 3, 9, 10 and 11 of the Statutory Guidance and Sections 1, 5, 6, 7, 8, 9, 10, 11 and 19 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 91 of the agenda papers.

    The Licensing Officer confirmed:

     

    ·      This was a review application and was submitted on 23 November 2018.

    ·      After Police had visited the premises on 1 November 2018, it was found that one staff member did not have the right to work in the UK.

    ·      A copy of the CCTV footage capturing the incident that had occurred at the premises on 1 November 2018 was available for viewing at the meeting.

    ·      Since the publication of the agenda papers, the premises licence holder had provided to further documents for consideration.

    ·      Representing the applicant was PC Watson and Ms Woods.

    Presentation by the applicant

     

    Ms Woods and PC Watson informed the Sub-Committee that:

     

    ·      The basis of the review was the prevention of crime and disorder. 

    ·      Premises staff had sold alcohol to underage persons, employed people who did not have the right to work in the UK and an individual or individual’s believed to be working at the premises had allegedly committed an assault causing grievous bodily harm.

    ·      Individuals working at the premises had set upon a customer with a weapon.

    ·      The person committing the assault was an employee at the premises.

    ·      Other individuals believed to be working at the premises were also in possession of weapons which could be observed on CCTV.

    ·      The CCTV footage showed the assault inside the premises and this footage would be submitted to the Sub-Committee for their consideration.          

    The Legal Officer informed the meeting that the Police needed to consider whether or not it wished the Committee to sit in camera to consider the video footage.

     

    Ms Woods informed the Sub-Committee that the full description of the events occurring on the CCTV had already been made public and therefore the hearing and viewing of the video could continue in public. However, the applicant did agree with the premises licence holder that the names of the individuals on the CCTV should not be disclosed.

     

    At this point in proceedings, the Sub-Committee considered the CCTV footage submitted by the applicant.

     

    Ms Woods and PC Watson informed the Sub-Committee that:

     

    ·      The black box in the corner of the footage demonstrated that one of the CCTV cameras in the premises was not functioning.

    ·      All three staff members appeared to be interacting with customers as opposed to one rogue individual staff member acting on his own.

    ·      The issue of the underage sale had been reported to the Lambeth legal team for further action (prosecution).

    ·      During the time that police had consulted with the premises licence holders, they did not feel that  ...  view the full minutes text for item 4c

4d

Kwik Stop Food and Wine, 72 Brixton Hill, London, SW2 1QU (Brixton Hill) pdf icon PDF 278 KB

5.

Consideration of an objection for a Temporary Event Notice pdf icon PDF 211 KB

    Special circumstances justifying urgent consideration

     

    A meeting of the Licensing Sub-Committee has been convened as a

    result of an objection raised by the Police regarding a Temporary

    Event Notice (TEN). Section 105 (2)(a) (of the Licensing Act 2003

    [part5]) requires a minimum of two days’ notice to be given. The first

    event is due to take place on 1 February 2019.

     

    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.

    Minutes:

    Special circumstances justifying urgent consideration

     

    A meeting of the Licensing Sub-Committee has been convened as a result of an objection raised by the Police regarding a Temporary Event Notice (TEN). Section 105 (2)(a) (of the Licensing Act 2003 [part5]) requires a minimum of two days’ notice to be given. The first event is due to take place on 1 February 2019.

     

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

     

5a

The Exhibition Rooms, 69-71 Westow Hill, London SE19 1TX (Gipsy Hill) pdf icon PDF 309 KB

    Additional documents:

    Minutes:

    For this application Councillor John Kazantzis stepped down as a Member of the Sub-Committee and was replaced by Councillor Martin Tiedemann.

     

    MOVED by Councillor Linda Bray, SECONDED by Councillor Martin Tiedemann and

     

    RESOLVED:

    That Councillor Fred Cowell be appointed as Chair.

     

    Upon opening meeting, the applicant, Mr Patrick Steel informed the Sub-Committee that he was concerned that the details in the application could disclose the identity of the individual against whom a criminal allegation had been made.

     

    PC Dave Watson stated that no details of the alleged offence would be disclosed at the meeting other than what had already been disclosed in the agenda papers (which were publicly available).

     

    The Legal Officer informed that the Sub-Committee that the Hearing Regulations provides a power to exclude the press and the public from any part of the hearing if it was felt that doing so might prejudice an on-going live Police investigation.

     

    At 7:20pm, the Sub-Committee decided to exclude the press and public for the hearing of this application.

    Adjournment and Decision

    At 8:04pm, 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 not to issue a counter notice.

    RESOLVED: To not issue a counter notice.

    Announcement of Decision

    Members returned to the meeting and the Chair informed those present of the decision. The Sub-Committee had carefully considered all the representations made and had decided not to issue a counter notice. 

    The Sub-Committee decided not to issue a counter notice and therefore the temporary event would go ahead. The Sub-Committee stressed that the notice giver’s temporary event could be taken into consideration if it was to consider an application for a premises licence.  What the notice giver had committed to orally would have a bearing on how the Sub-Committee would consider any future application. The Sub-Committee would encourage the notice giver to work with the Police and the Licensing team to help him deliver the licensed premises he had described.