Agenda item

Licensing Act 2003: Mc & Sons, 160 Union Street, London SE1 0LH

Minutes:

The meeting started at 11.20am due to the fact that the reserve member had to be called upon and they required some time to make the journey to the meeting venue.

 

The chair advised that she would allow the ward councillor to speak first as the ward councillor had to leave for an appointment.

 

The licensing officer presented their report.  Members had no questions for the licensing officer.

 

The ward councillor addressed the sub-committee.  Members had questions for the ward councillor.

 

The applicant and their legal representative addressed the sub-committee.  Members had questions for the applicant and their legal representative.

 

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

 

The sub-committee heard from a local resident, objecting to the application.  Members had questions for the local resident.

 

All parties were given five minutes for summing up.

 

The meeting adjourned at 12.19pm for the members to consider their decision.

 

The meeting resumed at 12.30pm and the chair read out the decision of the sub-committee.

 

RESOLVED:

 

That the application made by Ryan Mc Elhinney and John Mc Elhinney for a premises licence to be varied under the Licensing Act 2003 in respect of the premises known asMc & Sons,  160 Union Street,  London SE1 OLH be granted as follows:

 

Licensable activity

Hours

 

Sale and supply of alcohol (on the premises)

 

 Friday and Saturday from 23:00 to 00:00 

 

 

Operating hours

 

Monday to Thursday from 10:00 to 23:00

Friday and Saturday from 10:00 to 00:00

Sunday  from 12:00 to 23:00 

 

 

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, conditions agreed with the responsible authorities during conciliation and the following additional conditions agreed by the sub-committee:

 

1.  That a dedicated telephone number and email address, for the management of the premises be provided to local residents.

 

2.  That with the exception of egress/ingress, all doors to remain closed after 22:00.

 

3.  That signage be erected directing smokers to the rear of the premises.

 

4.  That signage be erected on the emergency door advising that “No exit to Ewer Street except in emergency”.

 

Reasons

 

The reasons for the decision are as follows:

 

The licensing sub-committee heard from the applicant who stated that they ran a few busy pubs in the area.  They advised that they ran these premises responsibility and conscientiously. They informed the sub-committee that they were seeking to vary the license so that it was in line with their other licensed premises.  The applicant was also of the view that the issues raised by the responsible authorities and other persons had been addressed with a range of conditions being agreed, which would mean a more stringent operation on the premises. The applicant wanted to work with the local residents and agreed that there needed to be a more open dialogue, to avoid unnecessary criticism.

 

The licensing sub-committee heard from the licensing responsible authority who advised that the immediate issues, relating to this application concerned the late hours sought exceeding those recommended within Southwark’s statement of licensing policy.  They informed the sub-committee that now that the applicant had brought the hours back in line with the policy and had provided an accommodation limit of 170 persons, their representation was now conciliated.

 

The licensing sub-committee noted that the Metropolitan Police Service, environmental protection team and the public health authority had conciliated with the applicant.

 

The licensing sub-committee heard from the local ward councillor who advised that the premises is a public house, and the hours sought exceeded those  beyond the hours recommended in Southwark’s statement of licensing policy.  The ward councillor had also received complaints from local residents concerning noise escaping from the rear area, and that the noise team had been called. The public house has recently re-opened after a long period of closure and needs to be reminded of the duty to be considerate to the neighbours.

 

The licensing sub-committee heard from Party 7, being one of the eight other persons objecting to the application who stated that since officially opening a few weeks ago there have been crowds of people from the pub gathering around the premises until after 23:00 each night. Customers with drinks currently block the pavement, create noise and leave bottles and glasses (sometimes broken glass). The premises is located on the residential side of Union Street, where the pavement directly outside the premises is extremely narrow, and patrons had been congregating outside, making it difficult for local residents to pass-by , requiring them to step onto the road to do so.

 

They stated that they can also hear the music from the public house in the homes. There are also issues with the disposal of empty bottles and rubbish bags which create noise and mess. Issues had been raised with staff at the premises, but this had not been passed on to the premises management.

 

The licensing sub-committee considered all of the oral and written representations before it and were of the opinion that because the premises had been closed for some time, it was necessary for the premises to engage with the local community and address the concerns raised.  During the course of the meeting, the premises agreed to the conditions that this sub-committee now impose, stating that they were fair and proportionate. To assist the parties further, this sub-committee also recommends that the premises holds regular meetings with local residents so and on-going concerns can be aired.

 

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.

 

 

 

 

 

 

Supporting documents: