Agenda and draft minutes

Venue: Microsoft Teams

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

Items
No. Item

1.

Election of Chair

    Minutes:

    MOVED by Councillor Joshua Lindsey, SECONDED by Councillor Timothy Windle

    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:

Councillor Joshua Lindsey stated that he was sometimes a patron of Canova Hall.

3.

Licensing Applications for the Grant / Review of a Premises Licence pdf icon PDF 290 KB

 

Strategic Director, Neighbourhoods and Growth

Contact: Bina Patel, Licensing Manager, 020 7926 4103

Email: bpatel@lambeth.gov.uk

 

 

3a

Common Cafe and Shop, 17 The Pavement London, SW4 0HY (Clapham Town) pdf icon PDF 435 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-Committees attention was drawn to Chapters 2, 3, 9, and 10 of the Statutory Guidance, and to Chapter 5 (policies 1, 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 6.1 of the report on pages 11 and 12 of the agenda papers.

     

    The Licensing Officer confirmed:

         This was an application for a new premises licence.

         The applicant was seeking late night refreshment on Friday to Saturday 23:00-00:00, the supply of alcohol Monday to Sunday from 09:00-23:00 and the premises to be open Monday to Sunday 08:00-00:00

         Representations had been made from a local resident who was not in attendance.

         Representations had also been made from Councillor Linda Bray and the Licensing Authority, both of which had now been withdrawn. This was subject to an agreement regarding condition 34. The details of this condition could be found on pages 13-20 of the agenda papers.

         Representations could be found from pages 23 to 33 of the agenda papers.

         The proposed conditions that had been agreed could be found from pages 35-37 of the agenda papers.

     

    Presentation by the applicant

    The applicant, Ms Elizabeth Smalley, informed the Sub-Committee that:

     

         She wished to thank the Sub-Committee for its patience as the hearing of the application had been delayed twice.

         She wished to thank those who had raised concerns against the application.

         She took alcohol related crime and public nuisance seriously.

         The premises fell within the cumulative impact zone and she fully supported measures taken to reduce crime and sexual assault in the area.

         If the application was granted, she would do everything she could to promote all the licensing objectives and the conditions set out in the license to ensure that there would be no negative impact in the area.

         The premises was a small shop and a cosy environment which had opened in February 2019.

         She was happy with the progress made and the connections that she had made with residents, regular customers and neighbouring businesses in the area.

         The premises was restricted to 33 seats and was a small premises.

         She intended to continue to operate at the maximum capacity and wanted the premises to be food-led.

         The premises served a small selection of wines and beers. A premises licence allowing the sale of alcohol had become important to the business as it had been forced to close due to the coronavirus crisis. The crisis had not been helpful to the hospitality market.

         It was important for the business to be able to explore all income generating possibilities in order to remain an asset in the local area.

         The premises employed 11 members of staff.

         She had agreed conditions with the  ...  view the full minutes text for item 3a

3b

Park Garage Group PLC, 260 Knight's Hill, London, SE27 0QP (Knight's Hill) pdf icon PDF 523 KB

    Additional documents:

    Minutes:

    Presentation by the Licensing Officer

    The Sub-Committee was informed that this was an application for a variation of a premises licence. The Sub-Committees attention was drawn to Chapters 2, 3, 8 and 10 of the Statutory Guidance, and to section 5, 6 and 14 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 43 of the agenda papers.

     

    The Licensing Officer confirmed:

         This was an application to vary the premises licence and the applicant was seeking to add late night refreshment from 23:00–05:00 and to extend the hours for the supply of alcohol to 24 hours a day.

         The applicant also wished to remove condition 1 and amend condition 5 on the licence.

         A representation against the application had been received from the Licensing Authority.

         The application could be found on pages 45-62 of the agenda papers.

         The representation could be found on page 63 of the agenda papers and the conditions agreed by the applicant could be found on page 77 of the agenda papers.

     

     

    Presentation by the applicant

    The applicant and the applicant's representative, Ms Sarah Clover, informed the Sub-Committee that:

               

         The Park Garage had at least 49 sites with 22 of those sites located inside of the M25. Only four of those premises did not sell alcohol. The business had 18 premises outside of the M25. Of those 18 premises, 10 of them operated on a 24 hour basis.

         The Police had not objected to the application. The Licensing Authority wished to implement a condition of a minimum spend for any customer wishing to buy alcohol.

         The main remit of the Licensing Authority was to address the licensing objectives. Judging by the conditions proposed by the Licensing Authority, it appeared that the Licensing Authority was making a connection between spending at least £5.00 at the premises and a decrease of crime and disorder. However, no such connection actually existed.

         Requiring customers to spend £5.00 in order to buy alcohol had no logical basis.

         People sometimes needed to buy alcohol at the premises such as this needed to do so as they would be attending or hosting a barbecue on the weekend or they wished to buy a gift for someone they were visiting. If such a task was made difficult for an individual to do, then it was likely they would go somewhere else. This would be both detrimental to the business and inconvenient to the individual.

         The conditions proposed by Licensing were unnecessary and there should be some evidential basis for proposing conditions on a premises licence. Licensing were taking a 'belt and braces' approach and this was especially not necessary during the period of the coronavirus crisis.

         The business was applying to operate for 24 hours so that the business could survive during the period of the coronavirus crisis.  ...  view the full minutes text for item 3b

3c

VVK Convenience Store, Ground Floor, 300 Streatham High Road, London SW16 6HG (St Leonards) pdf icon PDF 524 KB

4.

Consideration of Objections to Temporary Event Notices pdf icon PDF 270 KB

    A meeting of the Licensing Sub-Committee has been convened as a result of an objection raised by the Police and Public Protection 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 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:

    The Chair stated that there were two sets of temporary event notices from two different premises. Both sets of temporary events were due to take place on similar dates across both premises and the Sub-Committee proposed that due to the way the evidence had been submitted, the objections for both sets of temporary events be heard simultaneously at this meeting.

    Neither Public Protection nor the Notice Giver objected to the above proposal.

    The Chair stated that due to uncertainties of what the proposed events were, the Sub-Committee felt it would useful for the Notice Giver to address the meeting before any objectors so that he could outline exactly what the events were that would be held on the proposed dates. The Sub-Committee had noted that the objections relating to the events appeared to be identical and it was difficult to understand the issues relating to the events as outlined in the agenda papers.

     

4a

Cattivo, 207 Ferndale Road, London, SW9 8BA (Ferndale) pdf icon PDF 521 KB

    Additional documents:

    Minutes:

    Presentation by the Licensing Officer

    The Sub-Committee was informed that this was an objection to a temporary event notice (TEN). The Sub-Committees attention was drawn to Chapters 7, 9, and 15 of the Statutory Guidance, and to section 5, 5.11, 5.20, and 5.27 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 6.1 of the report on page 8 (and page 140) of the additional agenda papers.

     

    The Licensing Officer confirmed:

     

         This was a series of TENs relating to Cattivo and Canova Hall.

         The original notice giver was Kamilla Wasilewska. However, Darren Rumbelow was present at the meeting and would address the Sub-Committee.

         The TENs sought regulated entertainment and sale of alcohol across both premises on 30-31 August 2020, 9-12 December 2020 and 16-19 December 2020.

         The terminal hour proposed by the notices for Cattivo would be until 04:00. The hours proposed by the TENs for Canova Hall were 03:00 on some days and 04:00 on other days.

         Objections had been submitted by the Police and the Public Protection.

         The Police were not in attendance at this meeting.

     

    Presentation by the Notice Giver

    Senior Operations Director, Mr Darren Rumbelow informed the Sub-Committee that:

         On 30-31 August 2020, the terminal hour for the TEN for Cattivo was 04:00. The terminal hour on the premises licence on Sunday was 22:00 or 23:00. The TEN submitted for Canova Hall also had a terminal hour of 04:00.

         On 9-12 December 2020, the terminal hour for the TEN for Cattivo was 03:00.

         For Canova Hall, on 16-19 December 2020, the terminal hour for the TEN was 04:00.

         The premises was not holding an event any different to what it usually would during the months of August and December.

         During the coronavirus crisis, many licensed premises had been forced to close.

         Notices had been served for temporary events in 2019 for both premises which were considerably past the terminal hour of the premises licence. This included Wednesday, Thursday and Friday and included Christmas party days.

         Extending the hours of licensable activities on some days increased revenue for the premises.

         The coronavirus crisis had a significant impact on the business. The TEN was given to extend hours of licensable activity for days that the business would expect increased revenue. The business generally had a demand to hold corporate parties. However, no bookings had yet been made on any of the days in which a TEN had been served.

         The business hoped to host many Christmas parties.

         Ordinary food trading would occur up to the terminal hour of the TEN.

         The premises operated to the strictest of conditions.

         The business hoped that the current government restrictions would be lifted by December 2020.

         The TENs had been served largely to extend hours of licensable activity on certain days including a Bank  ...  view the full minutes text for item 4a

5.

Canova Hall, 250 Ferndale Road, London, SW9 8FR (Ferndale) pdf icon PDF 520 KB