Agenda item

The licensing officer presented their report.  Members had questions for the licensing officer.

The applicant addressed the sub-committee.  Members had questions for the applicant.

The planning enforcement officer addressed the sub-committee.  Members had questions for the planning enforcement officer.

The licensing officer representing the council as a responsible authority addressed the sub-committee.  Members had questions for the licensing officer.

All parties were given five minutes for summing up.

The meeting went into closed session at 11.58am.

The meeting resumed at 12.03pm. The chair did not read out the decision of the sub-committee as none of the parties were present.

RESOLVED:

That the application made by Bola 8 Ltd T/A Faktory for a premises licence to be granted under the Licensing Act 2003 in respect of the premises known as Ground and First Floors, 113C Elephant Road,  London SE17 1LBis 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, the conciliated conditions agreed with the responsible authorities in the amended operating schedule dated 30 March 2017.

Reasons

The reasons for the decision are as follows:

The licensing sub-committee heard from the applicant who informed the sub-committee that a licence had already been granted in respect of the premises Unit 122 Elephant Road, SE17 1LB which allowed the premises to be open until 06:00 hours.  This application encompassed Unit 122 and expanding the licensable area by adding Unit 113C which in the ground floor, there would also be an interconnecting door between the two levels. Seven representations from responsible authorities had been submitted, objecting to the grant of the licence.  The issues had largely been resolved and conciliated, with both the operating hours and licensable activities being significantly reduced. 

The only outstanding representations were from licensing (as a responsible authority) and planning.  It was accepted that this licensing application had been adjourned from 20 December 2016, to allow the applicant to obtain planning permission.  Unfortunately, the planning consultant employed by the applicant had been less than efficient, and the application was no further forward than it was in December 2016.  This however, should not prohibit licence being granted.

The licensing sub-committee heard from the planning enforcement officer on the grounds of nuisance and that it is likely to result in criminal activity. The premises exit onto a narrow road where a large mixed use development has recently been completed. The immediate area is not well suited to quiet dispersal of patrons at 05:00 because of the side street nature of the road. The ground floor of the proposed premises is subject to a planning enforcement notice. The first requirement of the notice is to cease use of the property as a mixed use incorporating, a cafe snack bar, restaurant, bar and nightclub and any use including a bar or nightclub element.  Whilst the officer felt that there was scope for the planning permission to be regularised, until this was done, the licence should be refused, otherwise, it could be seen that the committee were permitting the premises to operate without the requisite planning permission.

The licensing sub-committee heard from licensing as a responsible authority who advised that the premises are situated in the Elephant and Castle major town centre area and under the Southwark statement of licensing policy 2016-2020 the appropriate closing times for restaurants and cafes is 00:00 on Sunday to Thursday and 01:00 on Friday and Saturday; public houses, wine bars or other drinking establishments is 23:00 on Sunday to Thursday and 00:00 on Friday and Saturday; the opening hours should be brought in line with the Southwark statement of licensing policy to promote the licensing objectives.  The officer also submitted if the premises had a later operation, there would be people leaving the premises later at night which would have a negative impact upon local residents with regards to crime and disorder and public nuisance.  The officer also recommended an accommodation limit together with a written dispersal policy.

The licensing sub-committee noted the written representation from the metropolitan police service, environmental protection team, trading standards, health and safety and public health had conciliated.

The licensing sub-committee noted that the premises already had a generous licence at Unit 122 and since the licence had been granted, there had never been any complaints or issues of concern to responsible authorities.  A new licence may see a greater foot fall in the area, but the premises is not located in cumulative impact policy zone and the applicant had reduced the operating and licenceable activity hours significantly.  The new licence would also see the premises being subject to numerous stringent conditions.  Whilst there is no planning permission in place, the applicant is already engaged with the planning department to resolve the position.  Should the applicant operate under the new licence without planning permission, it is a matter for the planning department to take the necessary enforcement action.  It is therefore in the applicant’s best interest to regularise the premises planning status as soon as possible.  Licensing and planning are two separate regimes.  In these circumstances, there is no reason why this licence should not be granted.

In reaching this decision the sub-committee had regard to all the relevant considerations and the four licensing objectives and considered that this decision was appropriate and proportionate.

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)  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 to 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.