Agenda and draft minutes

Licensing Sub-Committee - Thursday 18 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 Tim Windle, SECONDED by Councillor Linda Bray.

     

    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.

Minutes pdf icon PDF 213 KB

To approve and sign the minutes of the meeting held on 19 October 2021 as a correct record of the proceedings.

Minutes:

RESOLVED: That the minutes of the previous meeting held on 19 October 2021 be approved and signed by the Chair as a correct record of the proceedings.

 

4.

Licensing Applications for the Grant / Review of a Premises Licence pdf icon PDF 216 KB

Strategic Director of Residents Services

Contact: Bina Patel, Licensing Manager, 0207 926 4103

Email: bpatel@lambeth.gov.uk

4a

Max Snack Bar - 18 Brixton Station Road London SW9 8PD (Coldharbour Ward) pdf icon PDF 444 KB

    Additional documents:

    Minutes:

    Presentation by the Licensing Officer

     

    The Sub-Committee was informed that this was an application for a variation to the current premises licence. The Sub-Committee’s attention was drawn to chapters 2,3,8,9,10 of the Statutory Guidance, and to Sections 5 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 5.12 of the report on page 13.

     

    Ms Pam Riley, the Licensing Officer confirmed:

     

    • This was an application to vary a Premises Licence to include an external area for licensable activities, made by the applicant’s agent, Mr Manuel Rocha.
    • A copy of the application form and premises floor plan attached as Annex A on pages 23-43 of the main report.
    • One representation against the application had been received from the Metropolitan Police based on the Licensing Objectives Prevention of Crime and Disorder, Public Safety and Prevention of Public Nuisance and can be found at page 61-63 of the report.
    • A copy of the current premises licence was attached as Annex B.
    • The applicant proposed a set of conditions to be considered attached as Annex C.

     

    Presentation by the Applicant

     

    Mr Manuel Rocha, the agent representing Mr Joao Figueira, informed the Sub-Committee that:

     

    • The premises operated as a café restaurant, of which Mr Joao Figueira had been a manager for 20 years.
    • The applicant had a history of upholding the Licensing Objectives and managing the premises professionally.
    • The variation to the current license was sought as the outdoor seating area could not be used for the Sale of Alcohol, while the applicant had been paying £5,000 per year for the use of tables outside and wanted to extend licensable activities to the outdoor area to maximise trade.
    • Although the premises held a 24-hour license, these hours were not applied in practice and were not necessary for the outdoor area.
    • The applicant was satisfied to extend licensable activities outside between the hours 10:00 to 21:00 hours.
    • Reasons for the variation to the license were financial, as from the point of view of the management, customers enjoyed being seated outside.

     

    In response to questions from Members, the applicant confirmed:

     

    • The applicant was satisfied to operate licensable activities in the outside seating area between the hours 10:00 to 21:00, from Monday to Sunday.
    • To ensure trading in the outside area ended, chairs and tables were to be removed.
    • There was a space of approximately 2m between the six outside tables and chairs and passing pedestrians.
    • In practice, the opening hours of the premises had been 8:00 to 23:00, not 24 hours.

     

    At this point in proceedings, the Chair proposed a condition that would ensure all outdoor tables and chairs were removed after 21:00.

     

    Presentation by Interested Parties

     

    PC Dave Watson, representing the Metropolitan Police said that:

     

    ·         He had dealt with applicant on a number of occasions and confirmed that although the premises operated on a 24 hour licence, the terminal hours stated were accurate.

    ·         Ideally this would not be a  ...  view the full minutes text for item 4a

5.

Consideration of an Objection to Temporary Event Notices pdf icon PDF 215 KB

5a

M.V Avontuur Jubilee Gardens Belvedere Road London (Bishops Ward) pdf icon PDF 299 KB

5b

Aures, 18 Leake Street London SE1 7NN (Bishops Ward) pdf icon PDF 231 KB

    Additional documents:

    Minutes:

    Presentation by the Licensing Officer

     

    The Sub-Committee was informed that this was a Temporary Event Notice (TEN). The Sub-Committee’s attention was drawn to Chapters 7,9, and 5 of the Statutory Guidance and to Sections 5.2, 5.20, 5.27 (policy 6) 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 106 of the agenda papers.

     

    In response to questions from Members, the Licensing Officer confirmed:

     

    ·         This was one of two applications for a Temporary Event Notice (TEN) submitted by Mr Sam Davis at Aures, 18 Leake Street.

    ·         The Metropolitan Police had withdrawn their objection to the event taking place on the 22 November 2021

    ·         The notice was received on 2 November 2021.

    ·         The event was to be held from 02:00 to 04:00 on 12 December 2021 and was for a 50th birthday party.

    ·         One objection had been received by the Metropolitan Police based on the Licensing Objectives prevention of crime and disorder, the prevention of public nuisance and public safety, which could be found on pages 121-122 of the report.

    ·         The Notice Giver had provided additional information to address the objector’s concerns which had been circulated to all parties.

     

    At this point in proceedings, the meeting was adjourned due to technical difficulties. The Sub-Committee agreed to address the application at the next Sub-Committee meeting on 30 November 2021.