Agenda item

The licensing officer presented the report.  Members had no questions for the licensing officer.

The licensing officer read out a written statement provided by the applicant, who was unable to attend the meeting.

The sub-committee heard from a local resident who objected to the application.  Members had questions for the local resident.

The licensing sub-committee went into closed session at 10.50am.

The licensing sub-committee resumed at 11.30am and the chair read out the decision of the sub-committee.

RESOLVED:

That the application by Village Venues LTD for a grant of a Premises Licence issued under the Licensing Act 2003 in respect of Kaspa’s 321 - 323 Walworth Road, London SE17 2TG  is granted as follows:

Conditions

The operation of the premises under the licence shall be subject to relevant mandatory conditions, conditions derived from the operation schedule highlighted in Section M of the application form and the following conditions:

1.  That a CCTV system be installed at the premises and be maintained in good working order and be continually recording at all times the premises are in use under the licence. The CCTV System must be capable of capturing a clear facial image of every person who enters the premises.

2.  That all CCTV footage shall be kept for a period of thirty one (31) days and shall, upon request, be made immediately available to officers of the police and the council.

Reasons

This was an application submitted by Village Venues LTD for a grant of a Premises Licence issued under the Licensing Act 2003 in respect of Kaspa’s 321- 323 Walworth Road, London SE17 2TG.

The applicant was unable to attend the meeting due to prior family commitments.  However, they had provided a written statement, which the licensing officer read out on their behalf. The applicant stated that they were a family run business specialising in deserts, ice cream and milkshakes. Their intention was not to be a late night haunt or a club/bar, which had been suggested by some of the objectors.  They had reduced their initial application for the sale of late night refreshment on and off the premises from 23.00 to 04.00 each day to 23.00 to 00.00 on Fridays and Saturdays in response to the objections.  They also agreed to the additional conditions as proposed by the police.

The licensing sub-committee noted that the Metropolitan Police Service had conciliated subject to the conditions listed above being agreed to by the applicant.

The licensing sub-committee also noted that out of the 11 objections from other persons, including a ward councillor, that nine objections had been withdrawn and that of the three outstanding, there had been no responses from two.

The licensing sub-committee heard from one other person, a local resident.  They stated that their written representations had addressed all but one of the licensing objectives.  They further stated that they had concerns relating to the fourth licensing objective, the protection of children from harm.  They advised that in their personal opinion that the extension of late night refreshment by one hour would encourage children/young people to stay in the area late at night, potentially putting them at risk.  They added that there would be an increase in public nuisance and crime and disorder due to the type of clientele that would be attracted to the premises, which they felt would lead to the area being less safe. Overall they advised that they felt that this application was unnecessary and would attract further problems to the area.

The sub-committee considered that the applicant had taken the concerns of the local residents into account and as a result had made significant reductions in the hours sought.  The sub-committee felt that the amended application was not unreasonable.

In reaching this decision the sub-committee had regard to all the relevant considerations and the four licensing objectives.

The licensing sub-committee considered that it was appropriate and proportionate to attach these conditions in order to address the licensing objectives and the concerns raised by other persons.

Appeal rights

The applicant may appeal against any decision:

a)  To impose conditions on the licence

b)  To exclude a licensable activity or refuse to specify a person as premises supervisor.

Any person who made relevant representations in relation to the application who desire to contend that:

a)  That the  licence ought not to be been granted; or

b)  That on granting the licence, the Licensing Authority ought  to have imposed different or additional conditions  the conditions of the licence, or ought to have modified them in a different way

may appeal against the decision.

Any appeal must be made to the magistrates’ court for the area in which the premises are situated. Any appeal must be commenced by notice of appeal given by the appellant to the justices’ clerk for the magistrates’ court within the period of 21 days beginning with the day on which the appellant was notified by the licensing authority of the decision appealed against.

The meeting closed at 1.55pm.