Agenda item

The licensing officer presented their report.  They advised that the applicant was not in attendance, despite invites being sent. They advised that they had also called and left a voicemail for the applicant , but there had been no response.  Members had no questions for the licensing officer.

The licensing responsible authority officer 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.

Both  parties were given five minutes for summing up.

The meeting adjourned at 11.54am for the sub-committee to consider its decision.

The meeting reconvened at 11.57am and the chair advised all parties of the decision.

RESOLVED:

That the application made by Azmat Ali for a variation of the premises of the premises known Organica Pizza, 5 Camberwell Church Street, London SE5 8TR be refused.

Reasons

The licensing officer informed the licensing sub-committee that despite sending invites to the applicant for the sub-committee meeting, there had been no response from the applicant confirming attendance. In addition, the applicant had no engaged with any of the responsible authorities regarding the application. The chair of the licensing sub-committee requested that the licensing officer telephone the applicant to enquire whether he would be in attendance.  Despite the licensing officer leaving a voicemail for the applicant, after one hour, it was unanimously agreed that the licensing sub-committee proceed in their absence.

The licensing sub-committee heard that the application asked ‘…to change the business opening and closing time as follows, Monday to Sunday from 11:00 to 04:00’

The licensing sub-committee also heard that there had been complaints from local residents of the premises operating beyond its terminal hours.  On 21 March 2018 it had been trading until 05:00 hours and on 12 September 2018 until 05:00-06:00 hours.

In terms of inspections, the licensing sub-committee were advised that:

·  The premises was visited by the night time economy team on 23 March 2018 and the manager was unable to locate the premises licence, there was no summary on display, no notices and CCTV had not been working for four days.

·  On 26 October 2018 the premises licence summary was not on display, CCTV was installed, recording only for seven days.

·  On 4 January 2019 whilst the premises licence and summary was now displayed, the CCTV still was not recording for the correct period and could not playback at all.

·  On 19 January 2019 the premises licence owner stated incorrectly that the premises could operate until 04:00 and whilst the CCTV was working, it only went back four days.

·  On 9 March 2019 the blue notice for the variation application was not on display, therefore, the consultation period would start again from the day the posters were erected.

The licensing sub-committee heard from licensing as a responsible authority who raised concerns of the hours being outside of the Southwark’s statement of licensing policy.

The Metropolitan Police Service also raised concern of the hours being a substantial increase to those already granted and that they were beyond the hours in the Southwark licensing policy

The licensing sub-committee noted the representation from Southwark’s environmental protection team.

All the responsible authorities raised concerns of the applicant not engaging with the conciliation process and/or discussion of the application generally.

The licensing sub-committee were similarly concerned with the applicant’s lack of engagement with the application. Members were keen to explore the applicant’s reasoning for the recent non-compliance, but in view of their absence, were unable to do so. In the circumstances, there was no alternative but to refuse this application.

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.