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
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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. |
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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.
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To approve and sign the minutes of the meeting held on 26 November 2013. Minutes: RESOLVED: That the minutes of the previous meeting held on 26 November 2013 be approved and signed by the Chair as a correct record of the proceedings.
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Licensing Applications for the Grant / Review of a Premises Licence (Report 234/13-14 and appendices)
Strategic Director of Delivery Contact: John Smith, Licensing Manager, 020 7926 6140 Email: Jsmith5@lambeth.gov.uk
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White Sands, 101-103 Brixton Hill, London SW2 1AA (Brixton Hill ward)
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:
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:
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Mine Bar Ltd, 463 Norwood Road, London SE27 9DJ (Tulse Hill ward)
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 |
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El Penol, 382-384 Brixton Road, London SW9 9AW (Ferndale ward)
Additional documents: Minutes: On opening the application, it was noted that the Mr Yilmer Velez Cano, premises licence holder or Designated Premises Supervisor (DPS) was not present at the meeting.
The Chair explained that although the owner of the premises was in attendance, he was not the premises licence holder and he was not eligible to speak.
The Chair also made reference to the fact that Mr Cano or the DPS failed to attend the hearing on 21 November 2013. However, the Chair had decided the application should be adjourned to give either Mr Cano or the DPS the opportunity to attend another meeting. However, if the application was brought back to the Sub-Committee and they again failed to attend, the application would be considered in their absence.
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