Agenda item

Licensing Act 203: Chapter 72, 72 Bermondsey Street, London SE1 3UD

Minutes:

Some of the local resident’s had technical difficulties when trying to join the meeting. The Chair advised that the start of the meeting would be delayed in order to allow the other persons to join the meeting.

 

One of the local residents advised that they would need to leave the meeting at 11am and requested that they addressed the sub-committee first. The chair agreed to this request.

 

The licensing officer presented their report. The licensing officer advised that the licensing responsible authority officer had withdrawn their representation, following conciliation with the applicant. Members had no questions for the licensing officer.

 

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

 

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

 

The licensing sub-committee then heard from a second local resident.  Members had questions for the local resident.

 

All parties were given up to five minutes for summing up.

 

The meeting adjourned at 11.51am for the sub-committee to consider its decision.

 

The meeting reconvened at 12.37pm and the chair advised both parties of the decision.

 

RESOLVED:

 

That the application made by Chapter 72 Ltd to vary a premises licence to be varied under the Licensing Act 2003 in respect of the premises known as Chapter 72, 72 Bermondsey Street, London, SE1 3UD be granted as follows:

 

1.  To amend the hours permitted for the sale of alcohol on the premises to:

 

·  Monday to Saturday: 11:00 to 22:30

·  Sunday: 11:00 to 21:30

 

2.  To amend the hours permitted for the sale of alcohol off the premises to:

 

·  Monday to Saturday: 11:00 to 23:00

·  Sunday: 11:00 to 22:00

 

3.  To amend the opening hours of the premises to:

 

·  Monday to Saturday: 07:00 to 23:00

·  Sunday: 08:00 to 22:00

 

Conditions

 

1.  To remove licence condition 840 which states ‘That no alcoholic drinks shall be taken off the premises at any time.’

 

2.  The following condition shall be added to the licence: “Prominent signage must be displayed asking customers making off-sale purchases to consume their purchases away from the vicinity.”

 

Reasons

 

On 4 September 2020, Chapter 72 Ltd applied under section 34 of the Licensing Act 2003 to vary the premises licence issued in respect of the premises known as Chapter 72, 72 Bermondsey Street, London, SE1 3UD. The licensing responsible authority withdrew their representation after the applicant amended their application.

 

The applicant stated the premises is primarily a coffee shop but also sells alcohol.  Chapter 72 was a finalist in the Southwark Business Awards last year and had never required security or police assistance. The premises is keen to play a part in the community and the applicant detailed recent interaction with a resident after a complaint was raised in respect of staff playing loud music when clearing up. The issue had been dealt with promptly and the staff responsible were keen to extend their apologies, a similar event had not occurred since. The applicant is mindful of the concerns raised by residents and said if staff heard customers making louder noises, they would ask them to keep it down. The customers are very responsive so he considered it would be easy to do. He also noted the residents have his contact details and are welcome to call him with any issues. The applicant undertook not to use single-use plastics and that music would be kept to a reasonable level after the premises had closed.

 

Twelve residents living within close proximity of Chapter 72 submitted representations on the grounds of public nuisance and crime and disorder. Two of these residents were in attendance and voiced concerns that additional hours would increase and worsen the disruption and noise they are currently experiencing, particularly on a Sunday when the area is somewhat peaceful. Further concerns were raised in respect of the increase in tables outside of the premises and whether this was a breach of licence conditions. The increase in tables and customers raised noise levels exponentially. Whilst the licensing sub-committee took this into consideration when making a decision in respect of the additional hours applied for, they noted the additional tables were not a breach of premises licence conditions and had been temporarily granted under the Business and Planning Act 2020.

 

The licensing sub-committee had regard to the council’s statement of licensing policy 2019-2021 which recommends a closing time of 23:00 for such premises; they were also mindful of the objections that had been raised by local residents, particularly in respect of Sunday evening. The variation was granted on this basis together with the additional conditions. The Licensing Sub-Committee noted condition 840 was contradicted by later conditions and should be removed. 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.

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