Agenda item

The licensing officer presented their report.  They advised that late representations had been received but that these could not be taken into account.  They also advised that further conditions had been agreed between the applicant and the authorities.

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

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

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

All parties were given five minutes for summing up.

The meeting adjourned at 11.38am for the members to consider their decision.

The meeting resumed at 12.08pm and the chair advised all parties of the sub-committee’s decision.

RESOLVED:

That the application made by London Spacemakers Limited for a premises licence to be granted under the Licensing Act 2003 in respect of the premises known as Dirty Renegade, 138 Rye Lane, London SE51 4RZbe granted as follows:

Conditions

1.  The rear garden shall be cleared of patrons by 22:00 hours daily.

2.  That the premises will provide a dedicated telephone number and email address for residents.

3.  That a sound limiter shall be installed at the premises and maintained in full working order at all times that the premises are in use. All amplified music shall be routed through the sound limiter. The sound limiter will be calibrated so that amplified music played at the premises does not give rise to public or statutory nuisance.

4.  That the rear door to be closed at 22:00 hours.

5.  That signage is erected directing smokers to the front of the premises.

6.  That customers who leave the premises temporarily to smoke shall only be permitted to smoke outside the front of the premises. Smoking may only be permitted outside the front of premises and a maximum of 5 smokers shall be permitted outside the front to smoke at any one time.

7.  That two SIA registered door supervisors will be engaged when the premises are in operation employed after 21:00 hours until the end of business and all patrons have vacated the premises. They will be engaged to monitor admission and re-admission to the premises, security, protection, screening, dealing with conflict and ensure that conditions related to the use of the outside area are adhered to and that the dispersal policy for the premises is implemented. The accommodation limit for the premises shall not exceed 85 patrons.

8.  That all staff shall be trained in the use of the dispersal policy.

9.  The written dispersal shall be kept at the premises with the licence and made available for inspection by authorised officers.

10.  An acoustic lobby (double doors) shall be installed at the rear entrance of the premises to minimise sound escape from the premises.

11.  That external waste handling, collections, deliveries and the cleaning of external areas shall only occur between the hours of 08:00-20:00 hours.

12.  That the proposed conditions on pages 85 - 87 of the report written in regards to the hearing be removed from the application, or amended in line with conditions agreed to between the applicant and the responsible authorities.  The conditions agreed to between the applicant and the responsible authorities are set out in the attached schedule.

Reasons

The reasons for this decision are as follows:

The Licensing sub-committee heard from the representative for the applicant who advised that the applicant had 10+ years experience and had run premises in Hammersmith and Fulham, Lambeth and Kensington and Chelsea and had never received any complaints in the management of the premises.  The premises would be a high-end cocktail bar where the drinks would be sipped and enjoyed, with no vertical  drinking and would be niche venue that in line with the Mayor of London’s night time economy vision. Whilst, food would be available at all times, the venue would not be food led; it would be a drinking establishment under a A4 licence.  On Fridays and Saturdays the applicant would have in-house DJs; but there would be no DJ promoted events. Whilst the premises was located in Peckham’s cumulative impact policy area (CIP), the applicants had carefully considered Southwark’s Statement of Licensing Policy, in particular paragraphs 139 and 140 and in their view, had rebutted the presumption against granting a premises licence in a CIP area as the premises were relatively small, a suite of conditions had been offered and/or conciliated and that this would not be a vertical dinking establishment.

Licensing as a responsible authority objected to the application as the premises was located in a CIP area and did not feel that the presumption to refuse had been sufficiently addressed by the applicant. In addition, the hours sought exceeded those recommended within the Southwark’s statement of licensing policy. It was noted however that the applicant had conciliated conditions that addressed the officer’s concerns.

The licensing sub-committee heard from the representative from the Metropolitan Police Service who similarly raised concern that the premises were located in a CIP area and that the hours sought exceeded those in the statement of licensing policy.

The licensing sub-committee noted the representation from the Director of Public Health and also from trading standards who had conciliated their representation.

The licensing sub-committee noted the correspondence between the environmental protection team and the premises and that the premises were agreeable to their suggestions.

The premises are located in the Peckham cumulative impact policy area and the class of premises to which this policy applies includes pubs and bars.  The terminal hour as stated in Southwark’s statement of licensing policy is Friday-Saturday 00:00 hours and Sunday to Thursday 23:00 hours.  The premises agreed a plethora of conditions with the responsible authorities and as such this sub-committee is of the view that the premises have rebutted the presumption to refuse to grant a licence in a CIP area. The applicant did offer a condition that only polycarbonate glasses be used.  This sub-committee find this condition unnecessary. This sub-committee has also granted hours beyond those set out in paragraph 153.  This is justified as the premises are relatively small and main entrance opens directly to Rye Lane and finally, patrons are unable to access the premises via the rear.  Finally, it is recommended that the applicant join a local Pubwatch scheme to ensure a safer drinking environment in the Peckham area.

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.