Agenda item

The licensing officer advised that there were some photographs of the premises to be circulated. All parties agreed to this.

The licensing officer presented her case.  Members had no questions for the licensing officer.

The applicant’s representative presented his case. Members had questions for the applicant’s representative.

The environmental protection officer addressed the committee. He advised he had an email from the principal environmental officer, who was unable to attend that day, to circulate. All parties agreed to this.

The environmental protection presented his case. Members and the applicant’s representative had questions for the environmental protection officer.

Each party was given 5 minutes to sum up.

The sub-committee went into closed session at 11.55am. The meeting resumed at 1.00pm.

RESOLVED:

That the application by Punch Taverns PLC for the variation of the Premises Licence issued under the Licensing Act 2003 in respect of Blue Eyed Maid, 173 Borough High Street, London, SE1 1HR is refused in so far as it relates to an application to extend permitted licensable and opening hours.  The application is granted in part in so far as it relates to an application to remove certain conditions.

Conditions

All appropriate mandatory conditions as defined by the Licensing Act 2003 (as amended).

Reasons

The licensing sub-committee considered the oral representations of Mr Griffin, solicitor on behalf of the applicant, of the council’s environmental protection team and the written representations of one local resident.  The licensing sub-committee noted that the police and trading standards representations had been conciliated in that the applicant had agreed to amend the operating schedule to incorporate the conditions sought to address primarily the licensing objective of the prevention of crime and disorder.

The licensing sub-committee heard that the environmental protection team had received four complaints in the past twelve months, one of which related to the positioning and use of a loudspeaker on an external wall.  The licensing sub-committee was not satisfied that the applicant had adequately addressed the licensing objective of the prevention of nuisance having regard to the fact that the premises is situated within the special policy for Borough and Bankside and concluded that the refusal of the application to extend the hours of licensable activities was necessary and proportionate with regard to the licensing objectives, in particular the prevention of public nuisance.

The licensing sub-committee considered that it was appropriate to approve the removal of licence conditions which were no longer applicable, namely conditions 109, 110, 122, 127, 143, 144, 145, 147, 151, 152, 153, 154, 155, 157, 159, 162, 163, 164, 165, 166. 167, 168, 169, 174, 175, 177, 178, 179 and 182.  All other conditions will remain in force.

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 desire to contend that;

a)  That 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

The meeting ended at 1.07pm