Agenda item

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

It was noted that the applicant was not in attendance.

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 officer.

None of the parties had anything to add for summing up.

The meeting adjourned at 10.55am for the members to consider their decision.

The meeting resumed at 11.00am and the chair read out the decision of the sub-committee.

RESOLVED:

That the application made by London Bridge Kebab Limited for a premises licence to be granted under the Licensing Act 2003 in respect of the premises known as the HFC Chicken, 19 London Road, London SE1 6JX be refused.

Reasons

The reasons for the decision are as follows:

The licensing sub-committee noted that the applicant was not in attendance. The licensing sub-committee considered the applicant’s written submissions and their documentation that included their conciliated hours together with their general dispersal policy and child protection policy.

The licensing sub-committee heard from the Metropolitan Police Service officer who informed the sub-committee that the hours requested were outside the planning permission for the site.

The licensing sub-committee heard from the environmental protection officer who advised that they had received no response to their concerns regarding public nuisance objectives.

The licensing sub-committee heard from the licensing officer representing the council as a responsible authority. They advised that no operating schedule had been provided and dispersal policy and child protection policies were not fully satisfactory.

The licensing sub-committee considered all of the oral and written representations before it and were of the opinion that the application should be refused, as the premises could operate with appropriate planning permissions until 23:00 daily without requiring a license.

The applicant could consider an application to planning to extend their hours.

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.