Agenda item

Tropix, 8 -10 Clapham High St, London, SW4 7UT (Larkhall)

Minutes:

Presentation by the Licensing Officer

The Sub-Committee was informed that this was an application for a review of a premises licence. The Sub-Committee’s attention was drawn to Chapters 2, 3, 9, 10, and 11 of the Statutory Guidance, and to section 1 and 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 paragraphs 6.1 of the report on pages 136 of the agenda papers.

 

The Licensing Officer confirmed:

·      This was a review application under the Licensing Act 2003.

·      The application had been made by a resident in January 2020. These related to complaints of noise, regulated entertainment, anti-social behaviour and disturbance from customers. 

·      Eight supporting videos with audio footage had been submitted to the Sub-Committee for its consideration. 

·      On 5 January 2020, Lambeth Public Protection served a noise abatement notice on the premise’s owner. The serving officer had submitted a witness statement which could be found on pages 177-183 of the agenda papers.

·      On 27 January 2020, the applicant had asked to withdraw their application. This could be found on Annex D of the agenda papers.

·      Four representations had been received in support of the application and these four representations had been withdrawn.

·      Supporting documents following the mediation could be found on Annex E of the agenda papers.

·      A minor variation application submitted by the premises licence holder on 5 March 2020 had now been granted.

·      The current premises licence could be found on Annex F on pages 195 to 207 of the agenda papers.

·      MrNiccolo Mascitti had been the premises licence holder since 10 October 2019.

·      The applicant would not be in attendance at this meeting.

·      The premises licence holder’s representative, Mr Philip Colvin, would address the Sub-Committee.

 

  Presentation by the premises licence holder

 

Mr Philip Colvin, representing the premises licence holder, informed the Sub-Committee that:

 

·      The premises licence holder was attempting to address the issues raised regarding the premises and had been successful in doing so.

·      It was partly through the premises licence holder’s actions and partly due to the assistance provided by all parties that a resolution had been reached.

·      It was important to note that actions to address the issues were still being undertaken from November 2020 through to December 2020 and those actions still needed to be taken on 4 January 2020.

·      The work that was still in progress was what had caused the abatement notice to be served on 5 January 2020. This could be found on page 177 of the agenda papers.

·      Page 135 of the agenda papers documented that officers had re-inspected the premises and had discovered no further issues. This was documented on 10 January 2020.

·      By 27 January 2020, the applicant, who lived alone, had written to the Council to say that matters had been resolved, but as there was not legally possible to withdraw a review application, the application had to be considered at this meeting.

·      Initially, four representations had been made in relation to the application. This included two from responsible authorities and two from residents.

·      Mediated arrangements were made and all parties had by the time of the hearing withdrawn their representations. This was why there were no outstanding representations regarding the premises.  There was also a new occupier of the home vacated by the applicant. The new tenant of that property had made a statement that could be found on page 19 of the agenda papers which confirmed that she was happy and had no issues whatsoever.

·      The premises licence holder had reconfigured the speaker system which was the source of the noise at the back of the bar, which travelled up through the structure of the building.          

·      The speaker had been reconfigured and the bass had been reduced. This was done in 2019.

·      The premises licence holder had noise insulation installed at the premises. It was done in November 2019. He had spent £419 on it.

·      The noise limiter had been set in cooperation with the new tenant living at the newly vacated home.

·      The new tenant was happy with the noise levels set by the new noise limiter.

·      The premises licence holder had submitted a minor variation application. This could be found on page 201 of the agenda papers. This contained a condition which stated that “no noise generated on the premises, or by its associated plant or equipment, shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance”. This was in addition to conditions which ensured that the doors and windows would be kept closed after midnight and that no loudspeaker would be located outside the premises.

·      All the proposed conditions had led to a mediated settlement and the new arrangements at the premises helped prevent any nuisance.

·      The regulatory process had served its purpose.

·      The premises license holder would not be disturbing any residents and he had no intention of doing so.

 

In response to questions from Members, Mr Philip Colvin, representing the premises licence holder, informed the Sub-Committee that:

·      Conditions 27 and 28 were the newly proposed conditions.

·      The variation condition was condition 11. 

 

Adjournment and Decision

At 7:22pm, the Sub-Committee withdrew from the meeting together with the Legal Advisor 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 refuse the review application and take no further action.

RESOLVED: To refuse the review application and take no further action.

 

Announcement of Decision

Members returned to the meeting and the Chair informed those present of the decision to refuse the review application and take no further action.

Having reviewed all documents and the presentation provided by Mr Colvin, the Sub-Committee was satisfied that the actions undertaken by the premises licence holder fully addressed the concerns which prompted this review application. In light of the same, the Sub-Committee resolved to formally take no further action and wanted to thank all parties for reaching a settlement. The Sub-Committee encouraged the premises licence holder to follow the licensing conditions very closely particularly the requirement specified by the newly proposed condition 27 and work closely with the local community to ensure that all objectives would be upheld.

 

Supporting documents: