Agenda item

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

 

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

 

The Metropolitan Police Service representative addressed the sub-committee.  Members had no questions for the police representative.

 

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

 

All parties were given five minutes for summing up.

The meeting adjourned at 10.36am for the members to consider their decision.

 

The meeting resumed at 10.45am and the chair advised all parties of the decision.

 

RESOLVED:

 

That the application made by Mr Yamane Barhe for a premises licence to be granted under Section 17 of the Licensing Act 2003 in respect of the premises known as Pitch 1, Parkstone Road, London SE15 4TL be granted as follows:

 

·  The provision of late night refreshment

 

o  Sunday to Thursday from 23:00 to 00:00 

o  Friday and Saturday from 23:00 to 01:00

 

·  Opening hours of the premises

 

o  Sunday to Thursday from 11:00 to 00:00 

o  Friday and Saturday from 11:00 to 01:00.

 

Conditions

 

1.  That licensable activities will not be carried out beyond the street trading licence namely:

 

a.  Sunday to Thursday: midnight.

b.  Friday and Saturday: 01:00.

 

2.  That a minimum of two staff shall be present on the van after 23:00 during licensable hours.

 

3.  That all tables, chairs and awnings shall be removed from the street and stored away by 23:00.

 

4.  That prominent notices shall be clearly displayed on the van by the counter asking customers to respect nearby residents and leave the area quietly, not to loiter in the street and to dispose of litter responsibly.

 

5.  That staff shall proactively ask customers making a noise or loitering in the area to keep noise to a minimum and leave the area.

 

6.  That adequate litter bins shall be provided near the van which shall be regularly emptied.

 

7.  That all staff shall receive training on induction and refresher training every six months for their role, in the licence terms and conditions, the orderly dispersal of customers and safeguarding of children.

 

8.  That last orders for hot food or drink shall be taken 15 minutes before the terminal hour for the provision of late night refreshment.

 

9.  That adequate lighting shall be provided for public safety which shall not cause a nuisance to nearby residents.

 

10.  That during licensed hours the premises licence holder and staff shall keep the area within 10 metres of the van clear of rubbish and at close of the van, sweep and clean the area within 10 metres of the van clearing all rubbish away.

 

Reasons

 

The reasons for the decision are as follows:

 

The licensing sub-committee heard from the representative for the applicant who advised that the premises were a mobile vehicle providing a selection of Afro-Caribbean cold and hot food.  The venue had been operating lawfully at the site for over five years.  The applicant’s representative informed the sub-committee that they has discussed the application with the responsible authorities and had agreed conditions that addressed the responsible authorities concerns.

 

The licensing sub-committee heard from the officers for the Metropolitan Police Service, licensing as a responsible authority and the environmental protection team who all accepted that their concerns had been addressed and therefore withdrew their respective representations.

 

The applicant original application sought to operate until 03:00, which far exceeded the hours specified within Southwark’s statement of licensing policy.  The applicant has cut their hours so that they are in line with the policy hours and has agreed conditions that promote the four licensing objectives. In the circumstances this licensing sub-committee approve this licensing application on the terms set out above.

 

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.