Agenda item

Licensing Act 2003: 28 Peckham Rye, London SE15 4JR

Minutes:

The licensing officer presented their report.  Members had questions for the licensing officer.

 

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

 

The local resident objecting to the application addressed the sub-committee.  Members had questions for the local resident.

 

Both parities were given five minutes for summing up.

 

The meeting adjourned at 10.50am for the members to consider their decision.

 

The meeting resumed at 11.01am and the chair advised all parties of the decision.

 

RESOLVED:

 

That the application made by Madelaine Beevers for a premises licence to be granted under Section 17 of the Licensing Act 2003 in respect of the premises known as 28 Peckham Rye, London  SE15 4JR be granted as follows:

 

Films

Thursday from 19:00 to 22:00

 

Sale of alcohol to be consumed on the premises

 

Monday from 12:00 to 17:00

Tuesday to Friday from 12:00 to 22:00

Saturday from 10:00 to 22:00

Sunday from 10:00 to 17:00

 

Proposed opening hours of the premises

 

Monday from 07:30 to 17:30

Tuesday to Friday from 07:30 to 22:30

Saturday from 09:00 to 22:30

Sunday from 09:00 to 22:30

 

 

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, the conditions agreed with the Metropolitan Police Service and the environmental protection team during the conciliation process and the following additional conditions agreed by the sub-committee:

 

Reasons

 

The reasons for the decision are as follows:

 

The licensing sub-committee heard from the applicant for the premises who advised that the premises was which consisted of an open plan main room at the front with a kitchen, storage rooms and toilets at the back. Through the kitchen is access to a small yard which did not provide access/exit to street. The main room has a fully glazed frontage and counter/bar along the left hand side. The main front door is the only entrance / exit to the property. Activities such as talks or film screenings would take place in the rear section of the premises.

 

 

The licensing sub-committee heard from a local resident that who objected to the premises licence application whose primary concern related to noise that would have a significant impact on the residents above the premises. They advised that whilst the applicant did address the resident’s concerns of noise, the resident did not believe the applicant had sufficiently addressed these concerns. Whilst he applicant stated that they had no intention on amplifying films/music/open mike nights, but such activities could take place without the need of a licence up to 23:00 hours under the Live Music Act.  Also, there was no insulation between the café and the residential premises.

 

The licensing sub-committee noted the representations from the Metropolitan Police Service and the environmental protection team, both of which had been conciliated.

 

Whilst the issue of noise was a matter for the licensing application, considerations relating to insulation, would be more appropriately dealt with by the planning department. The licensing sub-committee recommended to both applicant and the local resident that they should check that the appropriate planning permission was in place when the premises changed its use. The permission may detail conditions of works that may need to be undertaken for the prevention of noise nuisance. The premises licence application sought hours within Southwark’s statement of licensing policy and there was no reason under the Licensing Act 2003 or associated guidance that  would justify the refusal of this licence.

 

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: