Agenda item

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

 

The applicant addressed the sub-committee.  Members had no questions for the applicant.

 

The sub-committee noted the written representation for the other persons, a local resident objecting to the application.

 

The applicant had nothing to add in summing up.

 

The meeting adjourned at 12.36pm 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 Elder Restaurants Limited, to vary a premises licence to be granted under the Licensing Act 2003 in respect of the premises known as Units 3 & 4, 12 - 16 Blenheim Grove, London SE15 4QLbe granted as 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 applicant, the Metropolitan Police Service, Southwark Council environmental protection team and the licensing responsible authority, during the conciliation process.

 

Reasons

 

This was an application to vary the premises licence in respect of Units 3 & 4, 12 – 16 Blenheim Grove, London SE15 4QL. The application sought to amend the licensing hours, the opening hours and the floor plan, allow for the provision of late night refreshment and to allow for off sales of alcohol at the premises.

 

The council’s environmental protection team submitted a representation and proposed that the application be modified to include measures, relating to the prevention of public nuisance, which would become conditions of any licence issued regarding the application.

 

The applicant and the environmental protection team reached an agreement as to suitable licence conditions to help prevent public nuisance and the environmental protection team withdrew their representation. No objection in this representation was raised concerning the amendment to the layout of the premises.

 

The Metropolitan Police Service initially objected to the extension of operating hours applied for, and the inclusion of an external area in respect of the amended floor plan. 

 

The applicant amended the application so that an extension of hours and provision of late night refreshment was no longer being sought. The applicant confirmed to the Metropolitan Police Service that the applicant holds a ‘tables and chairs’ licence issued by this council regarding the use of the external area and, consequently, the Metropolitan Police Service withdrew their representation.

 

The licensing responsible authority’s representation notes that the premises are located in the Peckham cumulative impact policy area.

 

The licensing responsible authority requested that the applicant provide a written dispersal policy.

 

The licensing responsible authority also 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. No objection in this representation was raised concerning the amendment to the layout of the premises.

 

One other person (a local resident) submitted a representation objecting to the application for the following reasons:

 

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

 

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

 

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

 

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

 

·  No objections were raised by the resident concerning the amendment to the layout of the premises.

 

The applicant now only seeks to amend the floor plan in respect of the premises and to allow for off sales of alcohol at the premises.

 

The licensing sub-committee noted that the premises are located in the Peckham cumulative impact policy area. 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 has complied with the request of the licensing responsible authority to provide a written dispersal policy. The applicant confirmed there is no increase to the accommodation limit which shall remain as already on the licence.

 

The applicant also 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 madeavailable for inspection by authorised council officers or the police. All relevant staffshall 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 applicant did not make any further representations in support of the application at the hearing.

 

The licensing sub-committee considered this application very carefully and decided to grant the application, as amended, to vary a premises licence premises 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.