Agenda item

The licensing officer addressed the sub-committee.  Members had no questions for the licensing officer.

 

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

 

The environmental protection officer addressed the sub-committee.  Members had no questions for the environmental protection officer.

 

The licensing officer representing the council as a responsible authority addressed the sub-committee.  Members had no questions for the licensing officer.

 

All parties were given five minutes for summing up.

 

The meeting went into closed session at 1.43pm.

 

The meeting resumed at 1.45pm. 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 Curvingroad Limited, for a premises licence, granted under the Licensing Act 2003 in respect of the premises known as Theatre Delicatessen – The Old Library, 39 Wells Way, London, SE5 0PX, is granted as follows:

 

Licensable activity	Hours
The supply by retail of alcohol (on sales only)	Monday to Thursday from 12:00 to 22:30   Friday and Saturday from 12:00 to 23:30   Sunday from 12:00 to 22:00   Sundays immediately prior to Bank Holidays shall replicate the hours of a regular Friday – from 12:00 to 23:30.
The provision of regulated entertainment in the form of plays (indoors and outdoors):	Monday to Thursday from 09:30 to 23:00   Friday and Saturday from 09:30 to 00:00 (midnight)   Sunday from 09:30 to 22:30   Sundays immediately prior to Bank Holidays shall replicate the hours of a regular Friday – from 09:30 to 00:00 (midnight).
The provision of regulated entertainment in the form of films (indoors)	Monday to Thursday from 09:30 to 23:00   Friday and Saturday from 09:30 to 00:00 (midnight)   Sunday from 09:30 to 22:30   On Halloween (31October) late night/midnight showings of films until 02:00 (the following day) shall be permitted   Sundays immediately prior to Bank Holidays shall replicate the hours of a regular Friday – from 09:30 to 00:00 (midnight).
The provision of regulated entertainment in the form of live music (indoors and outdoors – for the period limited from May to September only)	Monday to Thursday from 09:30 to 23:00   Friday and Saturday from 09:30 to 00:00 (midnight)   Sunday from 09:30 to 22:30   Sundays immediately prior to Bank Holidays shall replicate the hours of a regular Friday – from 09:30 to 00:00 (midnight).   During the summer, it is permitted to stage live music in the ‘patio’ space immediately in front of the Old Library building in conjunction with wider Burgess Park activities (E.g. the Camberwell Fair) limited to May to September from 12:00 to 20:00.
The provision of regulated entertainment in the form of recorded music (indoors) and anything of a similar description (indoors) (described by the applicant as spoken word / poetry / live art / cabaret / comedy):	Monday to Thursday from 09:30 to 23:00   Friday and Saturday from 09:30 to 00:00 (midnight)   Sunday from 09:30 to 22:30   On Sundays immediately prior to Bank Holidays, the applicant would like to requires timings to replicate that of a regular Friday – from 09:30 to 00:00 (midnight)
The provision of regulated entertainment in the form of performances of dance (indoors):	Monday to Thursday from 09:30 to 23:00   Friday and Saturday from 09:30 to 00:00 (midnight)   Sunday from 09:30 to 22:30   Sundays immediately prior to Bank Holidays shall replicate the hours of a regular Friday – from 09:30 to 00:00 (midnight).
Opening hours :	Monday to Thursday from 09:30 to 23:00   Friday and Saturday from 09:30 to 00:00 (midnight)   Sunday from 09:30 to 22:30   Sundays immediately prior to Bank Holidays shall replicate the hours of a regular Friday – from 09:30 to 00:00 (midnight).

 

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 additional conditions agreed by the sub-committee:

 

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 and cover the main public areas.

 

2.  That all CCTV footage be kept for a period of 31 days and shall on request be made immediately available to officers of the police and the council. There will be at least one person on duty at all times that is familiar with the operation of the CCTV and able to download the footage upon request immediately.

 

3.  That all staff are trained in their responsibilities under the licensing act 2003 and training records should be kept and signed, these records shall be updated every 6 months and shall, upon request, be made immediately available to Officers of the Police and the Council

 

4.  That customers shall not use the outside area after 22:00 other than those who go to the designated smoking area to smoke and limited to no more than 10 persons. No beverages will be permitted outside of the premises.

 

5.  That the premises shall have cigarette receptacles made available in the designated smoking area.

 

6.  That signage on entrance/exit requesting customers to respect neighbours and leave quietly shall be prominently displayed.

 

7.  That on any night that the venue is in operation after 23:00 the venue will employ at least one SIA registered door supervisor from 20:00 until the terminal hour or until all the patrons have left the premises. They will be briefed by the DPS or duty manager at the start of each tour of duty, their start time, details and badge numbers will be recorded in a register which will be available for inspection on request by the police or authorised officers.

 

8.  That there shall be a maximum accommodation limit of 75 people, excluding staff, at any one time on the premises.

 

9.  That the premises shall comply with a written dispersal policy, a copy of which shall be kept at the premises with the premises licence and will be made available to officers of the police or licensing authority immediately on request.

 

10.  That there shall be no deliveries other than between the hours of 09:00 and 19:00. 

 

11.  That waste that has not been collected before 22:00 shall be stored in the premises until the following day.

 

12.  That there shall be no more than 10 smokers in the designated smoking area at any one time and cigarette receptacles shall be made available.

 

Reasons

 

The reasons for the decision are as follows:

 

The licensing sub-committee heard from the applicant who informed the sub-committee that they were a charity who had experience of delivering arts and drama for local communities. 

 

They advised the sub-committee that they had had conciliatory discussions with the responsible authorities who had made representations.  These discussions had resulted in the satisfactory resolution of the concerns raised by the responsible authorities.

 

The licensing sub-committee heard from the licensing officer representing the council as a responsible authority who advised that they were satisfied by the conditions and revised hours agreed with the applicant, as listed above.

 

The licensing sub-committee heard from the environmental protection officer who informed the sub-committee that they were satisfied by the conditions and revised hours agreed with the applicant, as listed above.

 

The licensing sub-committee noted the written representation from the public health officer.

 

The licensing sub-committee noted that the police had conciliated with the applicant prior to the hearing.

 

The licensing sub-committee considered all of the oral and written representations before it and were of the opinion that the conditions and revised hours agreed between the applicant and the responsible authorities satisfied the licensing objectives.

 

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.