Agenda item

Licensing Act 2003: Forza Win, Fifth Floor, 133 Rye Lane, London SE15 4ST

Minutes:

The officer representing the  licensing authority asked for the meeting to be adjourned in order to allow for further conciliation talks between the parties and the applicant to take place.

 

The meeting adjourned at 10.20am for the conciliation talks, and reconvened at 10.35 am.

 

The solicitor for the applicant summarised the revised and additional conditions agreed in the conciliation talks. The meeting heard that the responsibility authorities were happy with these conditions.   

 

The meeting adjourned at 10.45am for the members to consider their decision.

 

The meeting resumed at 10.55am and the chair advised all parties of the sub-committee’s decision.

 

RESOLVED:

 

That the application made by Forza Win Ltdfor a premises licence to be granted under s.17 of the Licensing Act 2003 in respect of the premises known as Forza Win, Fifth Floor, 133 Rye Lane, London SE15 4STis granted as follows:

 

Licensable Activities

Days

Hours

Late night refreshment

Sunday - Thursday

Friday – Saturday

23:00 – 00:00

23:00 – 01:00

Sale of alcohol

Sunday - Thursday

Friday – Saturday

10:00 – 00:00

10:00 – 01:00

Opening hours

Sunday - Thursday

Friday – Saturday

10:00 – 00:30

10:00 – 01:30

 

Non-standard timings:

 

·  On New Year’s Eve 23:00 – 02:30 on New Year’s Day

 

·  On the morning that Greenwich Mean Time changes to British Summer Time one hour will be added to the terminal hour of any activities and to the closing time for the premises where the existing terminal hour for the activities and/or closing hour for the premises ends after 01:00.

 

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 and the following additional conditions agreed by the sub-committee:

 

1.  Maximum number of persons permitted in the premises at any one time (not including staff) shall not exceed 110.

 

2.  That a dispersal policy will be implemented, kept at the premises and all staff will be trained in their responsibilities. Training records must be kept and immediately available to enforcement officers and police on request.

 

3.  That there will be no licensable activity on the external terrace area, according to the plan attached to this licence, after 00:00.

 

4.  After 00:00, the external terrace area may be used only for smoking by a maximum of 20 patrons. Patrons will not be permitted to take drinks or food with them.

 

5.  That the supply of alcohol at the premises shall only be to a patron seated, taking a meal there and for consumption by such a person as ancillary to their meal. This condition does not apply to the bar area, the red diagonally striped area on the plan attached to this licence, for a maximum of 20 patrons. A colour copy of the plan attached to this licence must be kept at the premises and be made immediately available to council or police officers on request.

 

6.  All sales of alcohol for consumption off the premises shall be in sealed containers only and shall not be consumed on the premises.

 

Reasons

 

The reasons for the decision are as follows:

 

The licensing sub-committee heard from the licensing officer who stated that whilst there had been three responsible authorities who originally opposed the application, time had been used effectively and they hoped that conciliation could be reached with the applicant should they be afforded further time. The Licensing sub-committee agreed that this seemed reasonable in the circumstances.

 

After a short break, the licensing sub-committee were informed that the three responsible authorities had conciliated. The licensing sub-committee had no further questions to ask the applicant.

 

The Licensing sub-committee discussed the agreed conditions along those which had already been set out in the application form and felt that these along with the positive recommendations and accompanying documents addressed the licensing objectives. They were made aware that the premises fell within a cumulative impact area of Peckham, however they were satisfied, considering all of the information available to them, that they were justified in departing from the licensing policy in this individual case.

 

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.

 

 

At this point, the meeting took a five minute recess.

Supporting documents: