Decision details

The licensing officer circulated coloured photographs of the site and an email from Councillor Gordon Nardell supporting the application.

The police representative presented their case.

The applicant presented their case and called Eillen Conn and Councillor Lewis Robinson as witnesses.  Thereafter the sub-committee questioned the applicant.

The applicant then summarized their case.

At 12.55pm the meeting went into closed session. At 1.20pm the meeting reconvened.

The chair read out the sub-committee’s decision as follows:

RESOLVED:

The sub-committee has considered the application by Frank Boxer for a premises licence in respect of the premises known as Franks Cafe & Campari Bar, Level 10, Peckham Rye Car Park, 95A Rye Lane, SE15 4ST, and decided it be approved as follows:

1.  The following licensable activities will be permitted under the licence during the times shown

Premises – Franks Cafe & Campari Bar, Level 10, Peckham Rye Car Park, 95A Rye Lane, SE15 4ST

2.  The operation of the premises under the licence shall be subject to

compliance with the operation schedule highlighted in sections F, M, N, O, P,  of the application form and the following conditions:-

(a)  All mandatory conditions set out in the Licensing Act 2003 relating to

1.  Authorisation of the retail sale of alcohol; and

2.  The provision of door supervision.

(b)  The following additional special conditions developed through discussion from the original operating schedule attached to the variation application as follows:-

1.  The licensee shall ensure that the actions from the risk assessment submitted to the licensing unit on 20^th June 2009 shall be implemented and adhered to.

2.  Stewards shall be nominated to prevent drinks being removed from beyond the licensable area marked in red on the plans.

3.  Emergency lighting shall be provided.

4.  Electricity shall be supplied through fused mains and not extension leads.

5.  The means of escape provided for all persons on the premises shall be maintained unobstructed, immediately available and clearly identifiable in accordance with the approved arrangements allowing safe means of access and egress at all times.  Where tables and seats are provided, clear gangways to exits shall be maintained, in accordance with the approved arrangements to the satisfaction of the Council.

6.  Any music played shall be as background music and shall not exceed 60 decibels or that of normal conversation.

(c)  Subject to the following additional condition agreed by the sub-committee:

1.  Personal licence holder to be on site at all times that alcohol is sold.

2.  During opening hours all entrances and exits to and from the premises shall be unlocked allowing access for police and other similar bodies if required. These entrances and exits will only be locked when the premises is not open to the public, and the designated premises supervisor has made a thorough inspection of the premises to ensure no member of the public remains on site.

3.  The extent of the venue to be used is the café area of the car park, as shown by the red perimeter labeled “cafe extents” in the plans

4.  If there are visibly more than 50 people on the licensed area new visitors will be prevented from entering by a member of staff.

5.  A clear plan highlighting emergency exits will be prominently displayed visible from any place in the premises

6.  Emergency exits will be clearly marked with standard emergency exit signs (staircases and ramps)

7.  All staff will be fully briefed and trained how to evacuate in case of an emergency

8.  Training of all staff authorized to sell alcohol by the designated premises supervisor will control the sale of alcohol. Any persons attempting to buy alcohol who looks under the age of 21 will be asked for valid proof of age and identity and if none is available the sale of alcohol will be refused

9.  In the designated area for the consumption of drinks, a structural ‘Lip’ will be put in place to prevent objects such as glasses, plates or cutlery to fall off the barrier

10.  No alcohol bought on site will be permitted to be taken off site. All members of the staff will monitor this. Also signs will be in place to make visitors aware that alcohol is not permitted to be taken off site.

Reasons

The reason for the decision are as follows:

The sub-committee considers it necessary to attach additional condition in order to address the licensing objectives, in particular the promotion of public safety and the protection of children from harm.

The sub-committee also found that the applicant demonstrated that there will be no negative cumulative impact on one or more of the licensing objectives.

Appeal rights

This decision is open to appeal by either

a)  The applicant for the review;

b)  The premises licence holder; or

c)  Any other person who made relevant representations in relation to the application  

Such appeal must be commenced by notice of appeal given by the appellant to the justices chief executive for the magistrates court for the area within the period of 21 days beginning with the day on which the appellant was notified by this licensing authority of the decision.

This decision does not have effect until eit

her

a)  The end of the period for appealing against this decision; or in the event of any notice of appeal being given, until the appeal is disposed of.