Agenda and minutes

Venue: Room 8, Lambeth Town Hall, Brixton Hill, SW2 1RW. View directions

Contact: Gary O'Key, Tel: 020 7926 2183 Email: gokey@lambeth.gov.uk 

Items
No. Item

1.

Election of Chair

    Minutes:

    On opening the meeting, Councillor Leanne Targett-Parker explained that due to a misunderstanding Councillor Diana Braithwaite will arrive late and Councillor John Whelan would only be sitting on the Sub Committee for item 4a) White Sands.

     

    MOVED by Councillor John Whelan, SECONDED by Councillor Martin Tiedemann and:

     

    RESOLVED: That Councillor Leanne Targett-Parker be elected as Chair of 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 Leanne Targett-Parker declared that she was a Councillor for Herne Hill ward but lived in Thurlow Park ward.  However, she was familiar with the Mine Bar Ltd (item 4b on the agenda) as she had been on the Sub-Committee for the hearing on 20 March 2013 but she had no association with the venue or the applicants.

     

    Councillor Martin Tiedemann declared that although he was a Councillor for Brixton Ward situated within the boundary adjacent to the White Sands (item 4a on the agenda) and lived locally, he had no association with the venue or the applications.  Therefore, he did not consider this to be a disclosable prejudicial interest.

     

3.

Minutes pdf icon PDF 131 KB

4.

Licensing Applications for the Grant / Review of a Premises Licence pdf icon PDF 69 KB

4a

White Sands, 101-103 Brixton Hill, London SW2 1AA (Brixton Hill ward) pdf icon PDF 66 KB

    Additional documents:

    Minutes:

    Councillor John Whelan sat on the Sub-Committee for this item.

     

    Presentation by the Licensing Officer

     

    The Sub-Committee was informed that this was an application for a new premises licence to the current premises licence. The Sub-Committee’s attention was drawn to chapters 8, 9 and 10 of the Statutory Guidance, and to Sections 5, 7, 8, 9, 10 and 11 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 5.9 of the report on page 22.

     

    The Sub-Committee noted that:

     

    • This is an application for a new premises licence seeking a variety of regulated entertainment Monday-Sunday 09:00-00:00; late night refreshment Monday-Sunday 09:00-00:00 and supply of alcohol Monday-Sunday 09:00-23:00
    • The applicant, Mr Jawa Khan had indicated that the above licensable activities would not be used every day from 09:00 to 00:00 but could be provided at any time within these periods.  The premises was to be contracted out and the times specified were to be made available to those contracting the premises
    • 22 representations, including one from the Metropolitan Police, relating to the licensing objectives of the prevention of public nuisance, public safety and the prevention of crime and disorder had been received
    • The applicant had agreed conditions with the Council’s Service as outlined on pages 26-27 of the agenda
    • No Temporary Event Notices had been given since the previous licence was revoked in July 2012

     

    A map and photographs of the premises were circulated.

     

    Presentation by the Applicant

     

    The applicant, Mr Jawa Khan, owner/business man and Ms Doe Fosuhene Damptey of Trinity & Co Solicitors his representative were in attendance.

     

    Ms Fosuhene Damptey informed the Sub-Committee that:

     

    • She had sight of the many objections made regarding the application as a result of problems associated with the previous occupants of premises South Beach.  However, the ownership and management of the premises and clientele would be completely different
    • As a result of the premises previously being leased by Mr Khan, his involvement with the premises had been limited
    • Mr Khan would now be managing the premises himself
    • There were two levels on the premises.  The first floor would consist of a restaurant with the ground floor to be used as a function hall
    • The usage would be based on the bookings received by management
    • The reason why the supply of alcohol had been requested was solely dependent on the bookings received.  It did not mean that the premises would be used for clubbing purposes, as the percentage of bookings would be for birthdays, wedding receptions etc.
    • Bookings for weddings might only occur twice weekly
    • The venue would be available for a variety of persons for their use and management would be on the premises when it was being used
    • Having liaised with the Environment and Noise Enforcement Officer, the appropriate procedures that would be put in place, had been listed
    • On being questioned regarding the conditions, Ms Fosuhene Damptey confirmed that all the conditions had been agreed and  ...  view the full minutes text for item 4a

4b

Mine Bar Ltd, 463 Norwood Road, London SE27 9DJ (Tulse Hill ward) pdf icon PDF 50 KB

    Additional documents:

    Minutes:

     

     

    Councillor John Whelan was replaced by Councillor Diana Braithwaite on the Sub-Committee for the duration of the meeting.

     

    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 8, 9, 10 and 11 of the Statutory Guidance, and to Sections 5, 7, 8, 9, and 11 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 5.10 of the report on page 23.

     

    The Sub-Committee noted that: -

    ·         This is an application for a review of the premises licence submitted by the Council’s Noise Service on the prevention of public nuisance following noise complaints relating to the premises.

    ·         A search of companies’ house records has established that the owner –Smiley Cat Ltd had Ms Marketa Hovorka listed as its Director.

    ·         A previous review was heard by the Licencing Sub Committee (LSC) on 20 March 2013. At this review amendments to the licence were made and Smiley Cat Ltd explained that they were the new owner, and that the problems prior 20 March 2013 were not their responsibility.  Ms Marketa Hovorka and the registered DPS at the time of the hearing, Mr Benedict Cockle addressed the LSC panel (minutes of LSC meeting 20 March are on pages 89 to 94 of the main report pack), 

    ·         There is currently no listed DPS at the premises as Mr Benedict Cockle asked to be removed from being the licences DPS.  A letter was sent to Ms Marketa Hovorka on 4 November 2013 making her aware of Mr Benedict Cockle’s request to be removed as the premises DPS  

    ·         Six representations were received; five are from residents and one is from the Licensing Manager on behalf of the Licensing Authority 

    ·         A petition has been submitted listed the signatures of 65 local residents in support of this review

    ·         Offices visited the premises recently and found it to be vacant.  Officers then contacted the estate agents who manage the premises, who then confirmed that Smiley Cat Ltd have vacated the premises

     

    A map showing the location of the venue and photographs were supplied at the meeting

    Presentation by the Applicant

     

    Mr Ralph Lewars, Enforcement and Operations Manager, Environment Services and Highways informed the Sub-Committee that: -

    ·         That the premises was located below residential properties and did not have an adequate level of sound proofing insulation

    ·         The Noise Service view was that the premises would not recommend that loud music be played at the venue and that music should only be set at a low background level

    ·         There is a history of problems at the premises, and in the past Officers have witnessed incidents of statutory nuisance, have served an abatement notice, which was breached and Officers issued a fixed penalty notice due to this breech.  After this incident there were additional complaints that substantiated that there had been a further breech of conditions  ...  view the full minutes text for item 4b

4c

El Penol, 382-384 Brixton Road, London SW9 9AW (Ferndale ward) pdf icon PDF 54 KB