Agenda item

The licensing officer presented their report.  Members had questions for the licensing officer.

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

The sub-committee heard from local residents.  Members had questions for the local residents.

Both the applicant and the local residents took the opportunity to sum up.

The sub-committee went into closed session at 11.54am.

The sub-committee resumed at 12.40pm and the chair read out the decision of the sub-committee.

RESOLVED:

That the application by Blood and Sand Limited for a premises licence variation in respect of the premises known as The Hide, Ground floor, 39 - 45 Bermondsey Street London SE1 3XF be granted as follows:

Conditions

The operation of the premises under the licence shall be subject to relevant mandatory conditions, conditions from the operation schedule highlighted in Section M of the application form and the following conditions:

a)  All mandatory conditions set out in the Licensing Act 2003 relating to:

(i)  Authorisation of the retail sale of alcohol

b)  The following additional special conditions developed through discussion from the original operating schedule attached to the application as follows:

(i)  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 system must be capable of capturing a clear facial image of every person who enters the premises.

(ii)  That all CCTV footage shall be kept for a period of 31 days and shall, upon request, be made immediately available to officers of the police and the council.

(iii)  That all staff are trained in their responsibilities under the Licensing Act 2003 and training records to be kept and updated every six months and shall, upon request, be made immediately available to officers of the police and council.

(iv)  That suitable notices shall be displayed requesting people to leave the premises in a quiet and orderly manner so as not to disturb local residents.

(v)  That customers shall use no outside area after 23.00 other than those who temporarily leave the premises to smoke a cigarette and no more than five people at any one time.

(vi)  That all licensable activities shall cease 30 minutes prior to the terminal hour.

(vii)  That there are no off sales beyond 22.00 each day.

(viii)  That no drinks are to be taken outside at any time. Signs will be displayed to this effect.

c)  Subject to the following additional condition agreed by the sub-committee:

(i)  That the premises shall display a contact telephone number in order that local residents can raise any concerns or issues they may have with the management of the premises.

Reasons

The licensing sub-committee heard evidence from the applicant who informed the sub-committee that this was a single venue operation of approximately seven years and the clientele required an extension of hours.  The original application to vary was more substantial:  originally they requested 16 additional hours per week, which had now been reduced through the conciliation process to five.  They advised that several premises within the vicinity had more extensive licensing hours.  The applicant had no intention of setting a precedent for other venues to increase their hours rather, they sought to come in line with their competitors.  During the course of The Hide’s operation no complaints had been received by them relating to noise, public nuisance or crime and disorder.  In view of this, the applicant’s were confident that they could continue to operate with these reduced extension of hours peacefully and without complaint.

The licensing sub-committee noted the police had withdrawn their representation following conciliation with the applicant.

The sub-committee noted that there were ten representations lodged by other persons which concerned the prevention of public nuisance, noise and anti-social behaviour.  Three local residents who submitted representations attended the hearing. 

The local residents complained of late night noise from people leaving the area when no public transport was available, causing additional traffic noise through the night.  The residents were of the view that there were many bars and restaurants within the area and customers would leave the venues inebriated and making a lot of noise, shouting through the night and on occasion, urinating in doorways. It was noted in particular that one of the residents complained of being disturbed at 1.00am on the morning of the hearing.  However, it was also accepted that The Hide was closed at this time, therefore, this complaint can not be attributed to them.

The sub-committee were sympathetic to the concerns and the complaints of the local residents. However, it was noted that all the complaints were general in nature and could not be associated directly with The Hide.  Neither the Metropolitan Police Service nor the council’s noise team had raised complaints about these premises relating to noise, anti-social behaviour or crime and disorder.  In view of the fact that there were no substantiated complaints against the premises, this application was granted.

In reaching this decision the sub-committee had regard to all the relevant considerations and the four licensing objectives.

The licensing sub-committee considered that it was appropriate and proportionate to attach these conditions in order to address the licensing objectives.

Appeal rights

Any appeal must be made to the Magistrates’ Court for the petty sessions area (or any such area) in which the premises concerned 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.