Presentation by the Licensing Officer
The Sub-Committee was informed that this was an application for a new a premises licence. The Sub-Committee’s attention was drawn to chapters 2, 3, 8, 9 and 10 of the Statutory Guidance and Sections 4, 5, 6, 8 and 16 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 6.2 of the report on page 77 of the agenda papers.
The Licensing Officer confirmed:
· This was an application for a new premises licence.
· The application was originally for a terminal hour of 01:00. However, the suggestion of the terminal hour for licensable activity of 00:30 (with half an hour wind up time until 01:00) was proposed by the Licensing team and accepted by the applicant. This could be seen on page 112 of the agenda papers. It was on the basis of this agreement that the Licensing team withdrew their objection.
In response to questions members, the Licensing Officer confirmed:
· The hours sought for the supply of alcohol on and off the premises from Monday to Thursday was 11:00 to 00:00.
· The terminal hour for the supply of alcohol would be 00:30 on Friday and Saturday and 23:00 on Sunday.
At this point in proceedings, the applicant, Ms Esther Bosede Longe, and her representative, Mr Bobby Holder, informed the Sub-Committee that when the application was submitted, the Licensing officer had called the applicant to explain the process and the reason she had agreed to the terminal hour of 00:30 was due to the advice given by the Licensing Officer. The applicant had been informed that she would have difficulty obtaining a licence for a terminal hour of 01:00 and the applicant did not wish to open a premises that would cause issues in the area. There were other premises in the area that were open until 01:00.
Mr Holder informed the sub-committee that following further discussion with the applicant, the applicant now felt that that the Sub-Committee should determine the application as originally sought with the terminal hour on Friday and Saturday of 01:00. The terminal hour of 01:00 was within the Council’s Licensing policy. Considering that much of the requirements and conditions asked of the applicant had been satisfied, Mr Holder suggested that it was reasonable for the Sub-Committee to consider the application as originally submitted.
The Legal officer informed the meeting that the agenda papers did not include the original representation made by the Licensing team as this had been withdrawn following what was understood to be an agreement to amend the hours. If there was no such agreement Licensing had indicated that their representation stood and should be before the sub-committee. . It was the choice of the applicant if they wished for the application to be heard on the basis that the terminal hour for licensable activity on Friday and Saturday was 00:30 or as sought.
The Chair stated that the Sub-Committee would make that decision that if the application was to be heard at this meeting, it would be on the presumption that the terminal hour on Friday and Saturday night for licensable activity would be 00:30. The applicant could always apply for a variation licence at a later date.
The applicant and her representative stated that they were happy for the application to proceed on the basis of the revised application that had been made (that the terminal hour on Friday and Saturday night for licensable activity would be 00:30).
Presentation by the applicant
The applicant, Ms Esther Bosede Longe, and her representative, Mr Bobby Holder, informed the Sub-Committee that:
· The premises was not located in residential area.
· The premises was not on an Open Plan premises or a large premises.
· No playing of live or recorded music had been applied for as the premises would only play background music.
· In August 2018, the premises held a temporary event until 02:00 with no complaints or issues occurring. There were no representations made from members of the public against the temporary event.
· The queries raised by Councillor Nye had been addressed. Although the applicant had spoken to Councillor Anyanwu, he did not wish to withdraw his representation.
· The Licensing team were satisfied with the measures taken by applicant.
In response to questions from Members,Ms Bosede Longe and Mr Holder informed the Sub-Committee that:
· The applicant had been primarily involved with food for five years and had worked on celebrity sets.
· The premises seated 24 people and would be one of the only African restaurants in Brixton.
· The food served would include different types of African food. The premises would also serve cocktails.
· In relation to condition 6 on page 119 of the agenda papers, the applicant did not currently have the appropriate licence to seat people at tables and chairs outside the premises. The applicant had been sent the documents by the Licensing team so that she could apply for one.
· The premises had put up notices informing patrons to have respect for residents living in the area.
Adjournment and Decision
At 8.21pm, 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 grant the application as sought.
RESOLVED: To grant the application as sought.
Announcement of Decision
The Sub-Committee considered the evidence and the submissions made by all parties and determined to grant the application as sought (with the amendments and conditions set out and already agreed on page 119 to 120 of the agenda papers). The Sub-Committee reiterated that the terminal hour terminal hour for licensable activity on Thursday, Friday and Saturday would be 00:30 as had been agreed with the Licensing team. The Sub-Committee also reiterated that a separatelicence would be required for placing chairs and tables outside the premises and a variation application would need to be submitted by the applicant if they wished to vary the hours granted by this Sub-Committee.