Agenda item

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

It was noted that the applicant was not present.

The Metropolitan Police Service representative addressed the sub-committee.  Members had questions for the police.

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

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

All parties were given five minutes for summing up.

The meeting adjourned at 12.47pm for the members to consider their decision.

The meeting resumed at 12.55pm and the chair advised everyone of the decision of the sub-committee.

RESOLVED:

That the council’s licensing sub-committee, having considered an application made under Section 34 of the Licensing Act 2003 to vary the premises licence issued in respect of the premises known as La Barra, Arch 147 Eagle Yard, Unit 2, London SE1 6SP –and having had regard to all other relevant representations has decided that it is necessary for the promotion of the licensing objectives to refuse the application.

Reasons

The reasons for this decision are as follows:

Written and oral representations were received from the Metropolitan Police Service objecting to the application to vary the licence on the grounds of prevention of crime and disorder, and prevention of public nuisance.

Written and oral representations were received from the environmental Protection Team objecting to the application to vary the licence on the grounds of prevention of public nuisance.

Written and oral representations were received from the Licensing Team objecting to the application to vary the licence on the grounds of prevention of public nuisance.

Written representations were received from a number of interested parties objecting to the application to vary on the grounds of prevention of public nuisance, prevention of crime and disorder, and protection of children from harm.

The applicant failed to attend the hearing and the sub-committee was only able consider the application and the documents accompanying the application.

The sub-committee reminded itself that it must promote the licensing objectives and have regard to the statutory guidance issued under section 182 of the Licensing Act 2003 and the council’s statement of licensing policy.

Having considered all the evidence, the sub-committee has concluded that the application should be refused.

The sub-committee noted that there had been a number of breaches of the licence that had occurred in the past and in particular, the committee noted the contents of the letters sent to the applicant by the licensing team, on 8 July 2017 and 31 May 2017, summarising some of these breaches.

The sub-committee also noted that a vast number of complaints had been made.  Whilst the sub-committee was alive to possibility of duplication, it was of the view that the sheer number of complaints suggested an ongoing problem at the premises.

In view of the history and the apparent ongoing problems, the sub-committee concluded that it had no confidence that the applicant is abiding by the current premises licence conditions or would abide by any new conditions if the variation sought was 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

This decision is open to appeal by either:

a)  The premises licence holder

b)  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’ clerk 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 either:

a)  The end of the period for appealing against this decision; or

b)  In the event of any notice of appeal being given, until the appeal is disposed of.