Agenda item

The licensing officer presented their report.  They advised that the premises no longer had a premises licence.

The premises user was not present, despite advising that they would be in attendance.

The environmental protection officer addressed the sub-committee. Members had questions for the environmental protection officer.

The meeting went into closed session at 2.38pm.

The meeting resumed at 2.45pm.  The chair did not read out the decision as the parties were not present.

RESOLVED:

That a counter notice be issued under Section 105 of the Licensing Act 2003 in respect of the temporary event notice (TEN) 859221 served by Ms Lauren Barrett in regards to an event to be held at Roxy Bar and Screen, 128-132 Borough High Street, London SE1 1LB on Sunday 2 July between 00:01 and 06:00.

Reasons

This was a temporary event notice  (TEN) 859221 served by Ms Lauren Barrett in regards to an event to be held at Roxy Bar and Screen, 128-132 Borough High Street, London SE1 1LB on Sunday 2 July between 00:01 and 06:00.

The licensing sub-committee did not hear evidence from the premises user as they did not attend the hearing.

The licensing sub-committee heard evidence from the environmental protection officer who advised that the event proposed is described as a ‘summer film festival’ in the temporary event notice.  However, he drew the committee’s attention to a previous TEN the applicant had applied for. This event was described as a ‘family screening event’ with ‘background music’ held on 13May 2017. The night time economy team undertook a visit and discovered that the patrons were not watching a film per se, but were dancing to music being played via a sound system, with film footage of a pop variety being playing on screen in the background. There were also helium balloons and it would seem some kind of celebration was occurring rather than an organised film screening, as described and applied for.

The committee’s attention was also drawn to a noise complaint that had been received from a resident, regarding loud music at 03:40 on 23December 2016. The environmental protection officer was of the opinion that there was a risk that this premise’s was moving away from a coffee house and cinema, and towards a nightclub. It was recommended that a counter notice be served. The environmental protection team would have recommended that conditions from the existing licence be imposed, however it was discovered that there has been a lapse in the premises licence, and so no condition could be imposed if the committee were minded to allow the TEN. 

The licensing sub-committee considered all of the oral and written representations before it and were of the opinion that a counter notice should be served. It noted that the premises no longer held a licence. The premises licence holder was Red Cinema Limited, who were granted a licence in September 2015 and dissolved on 30^th May 2017. The 28 day time period for submitting a change of licence holder had expired, and so there was no current premises licence. The committee could not, therefore, transfer any of licence conditions to the TEN. Given the representations from the environmental protection team regarding previous complaints and the issues discovered by the night time economy team, they considered it appropriate in order to satisfy the licensing objectives that a counter notice be served.

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

Where the relevant counter notice under Section 105(3) is given the premises user may appeal against the decision.  Where counter notice is not given, the chief officer of the environmental protection team may appeal against that decision.  The appeal must be made to the Magistrates’ Court within a period of 21 days beginning with the day on which the applicant was notified by the licensing authority of the decision to be appealed against.  No appeal may be brought later than five working days before the day on which the event begins.