Agenda item

Licensing Act 2003: The Coronet, Railway Arch 3,4 ,5 And 6, Elephant Road, Elephant Mews, London SE17 1LB

Minutes:

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

 

The legal representative and the designated premises supervisor for the premises addressed the sub-committee. They advised that they had met with the police and the licensing authority to discuss a new model for the railway arches.  Members had questions for the legal representative and the designated premises supervisor.

 

The Metropolitan Police representative and the licensing officer representing the council as a responsible authority advised that they were satisfied with  the proposal put forward by the premises. Members had questions for the police and the licensing officer.

 

All parties were given five minutes for summing up.

 

The meeting adjourned at 1.55pm for the members to consider their decision.

 

The meeting resumed at 2.00pm and the chair advised all parties of the sub-committee’s decision.

 

RESOLVED:

 

That the council’s licensing sub-committee, having had regard to the application by the Metropolitan Police for a review of the premises licence in respect of the premises known as The Coronet Railway Arches 3,4,5 And 6, Elephant Road, Elephant Mews, London SE17 1LB and also having had regard to all other relevant representations has decided it necessary for the promotion of the licensing objectives to modify the licence as set out below:

 

1.  To reduce the hours as set out below

 

Opening Hours

Sunday to Thursday from 09:00 to 00:00

Friday and Saturday from 09:00 to 01:30

 

Licensable Activities

Sunday to Thursday from 09:00 to 23:30

Friday and Saturday from 09:00 to 01:00

 

 

2.  To add the following condition:

 

·  That no licensable activity to be permitted at the premises until new layout, plans and conditions have been approved by way of a major variation.

 

Reasons

 

The reasons for this decision are as follows:

 

This matter was a re-hearing of an application made under s.53C Licensing Act 2003 by the chief of police for the Metropolitan Police for a review of the premises licence in respect of The Coronet Railway Arches 3,4,5 And 6, Elephant Road, Elephant Mews, London SE17 1LB.

 

The licensing sub-committee had previously considered the application on 31 July 2017, when a decision was made to modify the conditions, amongst other things, so that it would be a time limited premises licence until 2 January 2018.  Following this decision, submitted an appeal at Camberwell Green Magistrates’ Court. 

 

The  licence holder’s representative had failed to  emphasis at the 31 July sub-committee meeting that the Arches that there were two premises licences in respect of the premises known as The Coronet, for two different parts of the premises. The main part of the building is at 28 Old Kent Road, London SE1 6TJ and the annex at Railway Arch 3,4 ,5 And 6, Elephant Road, Elephant Mews, London SE17 1LB. Both premises licences are held by Elephant Music Limited.  The premises located at Railway Arches was not open on the day of the riot (2 July 2017) and in addition, the licence holder had a 5+ year lease, which they wanted to utilise.  It was because of these two issues that the Magistrates’ Court remitted the case back to the licensing sub-committee to be reconsidered.

 

Both the Metropolitan Police Service and licensing as a responsible authority informed the sub-committee that a conciliation meeting took place with the licence holder on 6 December 2017 when two potential business proposals were discussed. The business models discussed were very different from the business model of the Coronet, which had now closed down.

 

The licensing sub-committee was advised that the local resident who had attended the previous sub-committee meeting on 31 July 2017 was happy with the licence holder’s proposals as it was the nightclub that was causing disruption to the neighbourhood.

 

In the circumstances, the licensing sub-committee considered that it was appropriate and proportionate to modify the premises licence to add the additional condition as provided.

 

Appeal rights

 

This decision is open to appeal by either:

 

a)  The applicant for the review

b)  The premises licence holder

c)  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

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

 

The interim steps is open to appeal by:

 

a)  The chief officer of police for the police area in which the premises is situated.

or

b)  The holder of the premises licence.

 

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.

 

Supporting documents: