Agenda item

The meeting opened at 10.35am to allow the applicant and the responsible authorities time to discuss conditions relating to the application.

 

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

 

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

 

The licensing officer representing the council as a responsible authority 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.

 

All parties were given five minutes for summing up.

 

The meeting adjourned at 11.12am for the sub-committee to consider its decision.

 

The meeting reconvened at 11.59am and the chair advised all parties of the decision.

 

RESOLVED:

 

That the application made by Asye Ltd  for a premises licence to be granted under Section 17 of the Licensing Act 2003 in respect of the premises known as Tower Mangal be granted for licensable activities, during the hours as follows:

 

Recorded Music (indoors)

 

Monday to Sunday: 23:00 - 23:30

 

Late night refreshment (indoors & outdoors)

 

Monday to Saturday: 23:00 – 01:00

Sunday:  23:00 – 00:00

 

Supply of alcohol (on premises)

 

Monday to Saturday: 11:00 – 00:00

Sunday:  11:00 – 23:30

 

Supply of alcohol (off premises)

 

Monday to Sunday: 11:00 – 00:00

 

Hours premises are open to the public

 

Monday to Saturday: 11:00 – 01:00

Sunday:  11:00 – 00:00

 

Conditions

 

The operation of the premises under the licence shall be subject to relevant mandatory conditions, any conditions derived from the operating schedule highlighted in Section M of the application form, the conditions agreed with the Police and Licensing Authority during the conciliation process and the following additional conditions imposed by the sub-committee:

 

The operation of the premises under the licence shall be subject to relevant mandatory conditions, any conditions derived from the operating schedule highlighted in Section M of the application form, the conditions agreed with the Police and Licensing Authority during the conciliation process and the following additional conditions imposed by the sub-committee:

 

1.  This licence shall not become operative until the existing premises licence (number 867264) has been surrendered.

 

2.  That a CCTV system be installed at the premises and be maintained in good working order and be continually recording at all times the premises are in use under the licence. The CCTV must be capable of capturing a clear facial image of every person who enters the premises. 

 

3.  That all CCTV recordings shall be stored for a minimum period of 31 days with date and time stamping.

 

4.  That all CCTV recordings shall be made available upon request by the Police and / or Licensing Authority within 28 days.

 

5.  That off-sales of alcohol shall be provided in sealed containers and sold only as an ancillary to a take away meal, to be consumed away from the premises.

 

6.  That sales of alcohol on the premises shall be to persons taking a substantial table meal and for consumption of such as an ancillary to their table meal.

 

7.  That clear legible signage shall be prominently displayed where it can be easily seen and read, requesting the alcohol sold as “off-sales” should not be opened and consumed in the vicinity of the premises.

 

8.  That the number of persons permitted in the premises at any one time shall not exceed 100 people, excluding staff.

 

Reasons

 

The applicant holds a premises licence for these premises which allows for the provision of late night refreshment on Monday to Thursday from 11:00 to 01:00 hours, Friday to Saturday from 11:00 to 02:00 and Sunday from 11:00 to 00:00. The applicant stated he had been operating from premises in this location since 1997.

 

The application is for a new premises licence which, if granted, would allow for the additional licensable activity of the sale of alcohol on Monday to Sunday from 11:00 to 00:00. The premises is described as a ground floor restaurant with takeaway facility. The applicant confirmed that the new application is to actually seek a reduction in the operating hours for late refreshment and closing times. The terminal hour, now being applied for, on a Friday and Saturday would be 01:00, one hour after the last sale of alcohol (not 02:00 as stated on the application form). On Sundays the premises will always close at midnight, regardless of whether it is a bank holiday or not.

 

The licensing officer noted that the existing licence was granted outside of the current policy for late night refreshment. The applicant has agreed to surrender the current licence if the new licence is granted.

 

The licensing officer representing the council as a responsible authority confirmed that the licensing authority was content with the dispersal policy provided by the applicant. There was no need for a condition in this respect. The licensing officer also confirmed that the applicant had agreed to a table meal condition for the sale of alcohol. The applicant has agreed to off-sales to be only with take-away meals. The applicant had further agreed that the accommodation limit shall not exceed 100 people (excluding staff). The licensing officer was satisfied with the agreed conditions and the reduced operating times.

 

The officer from the Metropolitan Police Service (Licensing Division) agreed that alcohol sales should be restricted to midnight on Monday to Saturday. This would mean that the premises would only be open for an hour after the last sale of alcohol. The sub-committee agreed this was appropriate.

 

The police noted in the original application that the applicant had offered the provision of at least one SIA door supervisor although this was with regard to a 02:00 closing time on Friday and Saturday. The Police Licensing Officer stated that there still needs to be an SIA condition on a Friday and Saturday from 22:00 to closing time. The police added the conditions for CCTV were still needed.

 

The sub-committee agreed with the applicant that the condition for a SIA door supervisor at the weekends was unnecessary. The sub-committee accepted that there would be a cost associated with the provision of a door supervisor and found this would disproportionate given the nature and size of the business, and also the reduced hours.

 

The sub-committee noted that the premises are in a residential area, though not necessarily in a quiet residential area, as they are on a bus route, on a main road (the A100) and are part of a shopping parade. The sub-committee noted that under the Southwark Statement of Licensing Policy 2019 - 2021 take-away establishments are not considered appropriate for this area. Appropriate closing times for all other types of premises such as restaurants, cafes, public houses wine bars or other drinking establishments in this area is 23:00.  However, these hours are not pre-determined and each application is considered upon it’s own merits.

 

In this case the sub-committee had regard to the location of the premises and the character of the local area. The premises are well established in this area and have been operating as a restaurant and takeaway for over 20 years.

 

The sub-committee was satisfied that the conditions to be added to the licence by the committee within these hours were a suitable means of regulating the licensable activities applied for.

 

The sub-committee also noted that the hours applied for are supported by the police and the licensing authority with the conditions that have been agreed.

 

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.