Agenda item

The licensing officer presented their report and advised that the responsible authorities had conciliated with the applicant. Members had questions for the licensing officer.

 

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

 

Two other persons,  local residents objecting to the application addressed the sub-committee.  Members had questions for the local residents.

 

The licensing sub-committee noted the written representations from the three other local residents, who were not in attendance.

 

All parties were given five minutes for summing up.

 

At tis point the chair advised that the sub-committee would hear item 7 before adjourning to consider the decisions in relations to items 6 and 7 (please see the minutes for item 7 for details of that decision).

 

The meeting adjourned at 12.36m for the sub-committee to consider its decision.

 

The meeting reconvened at 1.35pm and the chair advised all parties of the decision.

 

RESOLVED:

 

That the application made by Larry’s Restaurant Limited (“the applicant”) to vary a premises licence to be granted under the Licensing Act 2003 in respect of the premises known as Unit 5, 12 - 16 Blenheim Grove, London SE15 4QL be granted as follows:

 

(i)  To allow for the sale of alcohol to be consumed off the premises (off sales).

(ii)  To amend the floor plan in respect of the premises.

 

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 conditions agreed with the Metropolitan Police Service and the licensing responsible authority, during the conciliation process.

 

Reasons

 

An application was made by Larry’s Restaurant Limited to vary the premises licence in respect of Unit 5, 12 - 16 Blenheim Grove, London SE15 4QL. The application sought to amend the licensing hours, the opening hours and the floor plan, and to allow for off sales of alcohol at the premises.

 

The Metropolitan Police Service initially objected to the extension of operating hours applied for, and inclusion of an external area in respect of the amended floor plan. In subsequent correspondence with the applicant the Metropolitan Police Service proposed that the application be modified to include measures, relating to off sales of alcohol being sold in sealed containers and also the licensee procuring permission from the council for the use of any external area prior to using the external area, which would become conditions of any licence issued regarding the application. The applicant agreed to the conditions proposed by the Metropolitan Police Service. The Metropolitan Police Service withdrew their representation.

 

The licensing responsible authority proposed that the application be modified to include measures, relating to the sale of alcohol to be consumed off the premises, which would become conditions of any licence issued regarding the application. The applicant amended the application and agreed to the conditions sought by the licensing responsible authority.

 

Five other persons (local residents) submitted representations objecting to the application for the following reasons:

 

·  The local area is already saturated with premises licensed to sell alcohol.

 

·  The number of premises licensed to sell alcohol in the local area contribute significantly to crime and disorder, nuisance and anti social behaviour in the locale.

 

·  Any extension of the premises’ operating hours will further add to aforementioned problems in the area.

 

·  Off sales of alcohol at the premises should not be permitted.

 

The application, as amended, is to amend the floor plan in respect of the premises and to allow for off sales of alcohol at the premises. The application to amend the licensing and opening hours was withdrawn by the applicant.

 

The licensing sub-committee was pleased to note that the applicant had addressed the concerns of the police and council and had agreed appropriate conditions if the licence variation is granted.

 

The licensing sub-committee considered whether any restrictions on alcohol pricing should be added to the licence.  The licensing sub-committee determined that this was not necessary as mandatory conditions on alcohol pricing would be appropriate. The applicant confirmed that there would be no discounted prices for off-sales.

 

When questioned, the applicant confirmed that the core business of the premises is for food.

 

One resident, attending the hearing, confirmed that there was concern with the number of premises licensed to sell alcohol in the area and the way in which premises in Blenheim Grove are developing.

 

Another resident confirmed her agreement to the application as presented and expressed satisfaction with what they had heard.

 

The licensing sub-committee noted that the premises are located in the Peckham cumulative impact policy area. However, it was noted that that the cumulative impact policy did not apply to restaurants. The licensing sub-committee was satisfied that the applicant had demonstrated, both at the hearing and through the conciliation process that the application will not, if granted, negatively impact on any of the licensing objectives. .

 

The applicant had already confirmed to the licensing responsible authority, in an email dated 23 April 2020, to amend the application to include the following conditions:

 

·  That the written dispersal policy shall be kept at the premises with the licence and made available for inspection by authorised council officers or the police. All relevant staff shall be trained in the implementation of the dispersal policy.

 

·  That any ‘off sales’ of alcohol shall be provided in sealed containers and taken away from the premises except for the outside area as defined on the premises plan.

 

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

 

The licensing sub-committee considered this application very carefully and decided to grant the application to vary a premises licence subject to the conditions 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 to modify the conditions of the licence; and

 

Any person who made relevant representations in relation to the application who desires to contend:

 

a)  That the variation ought not to have been made; or

 

b)  That, when varying the licence, the licensing authority ought not to have modified the conditions of 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.