Agenda item

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

The licensing sub-committee went into closed session at 10.28am. 

The licensing sub-committee resumed open session at 11.00am and the chair read out the decision of the sub-committee.

RESOLVED:

That the application by Abiel Neuman for a grant of a premises licence issued under the Licensing Act 2003 in respect of Mediterranean Food Centre, Unit 2, Co-Operative House, 249 – 267 Rye Lane, Peckham SE15 4UP be granted as follows:

Conditions

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

1)  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.

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

3)  That all staff are trained in their responsibilities under the Licensing Act 2003 and training records to be kept and updated every six (6) months and shall, upon request, be made immediately available to officers of the police and the council.

4)  That no beers or ciders in single cans, bottles or multi-packs with an ABV of above 7% will be displayed or sold or offered for sale from the premises unless written permission (email will suffice) is obtained from the Police Licensing Officer. Such permission must be kept at the premises and made available immediately on request to relevant authorities.

5)  That no alcohol to be displayed or stored within two (2) metres of the entrance door.

6)  That no commercial deliveries will take place at the premises after 18.00 hours.

7)  That when the premises closes, a member of staff from the premises will sweep up and dispose of any litter at the front of the premises.

8)  That patrons of the premises that choose to congregate at the front of the premises will be discouraged to do so and will be asked to leave the area in a quite and respectful manner.

9)  That signage will be displayed at the premises asking patrons to leave the premises in a quite and respectful manner.

10)  That a dedicated telephone number will be on display and advertised at the premises for residents or members of the public to phone and make complaints.

Reasons

This was an application submitted by Abiel Neuman for the grant of a premises licence issued under the Licensing Act 2003 in respect of Mediterranean Food Centre, Unit 2, Co-operative House, 249-267 Rye Lane, Peckham SE15 4UP. The application was made in accordance with section 17 of the Licensing Act 2003.

The licensing sub-committee contacted the applicant, being Mr Abiel Neuman, prior to the start of the hearing to confirm his non-attendance. Mr Neuman agreed to the hearing being heard in his absence. The licensing sub-committee considered the applicant’s written submission. It was noted that the premises licence was in respect of a Mediterranean style supermarket and that the applicant had engaged in conciliation with the Metropolitan Police Service and other persons.

The licensing sub-committee noted that the Metropolitan Police Service had conciliated subject to the conditions listed within the decision notice being agreed by the applicant.

The licensing sub-committee also noted that out of the three objections from other persons (local residents) one had withdrawn following conciliation and agreement to the conditions. There had been no responses from the remaining two objectors.

The licensing sub-committee had regard to the two written representations from objectors relating to public nuisance. The sub-committee considered that the applicant had taken account of these concerns and addressed them by agreeing to additional conditions proposed by local residents. The licensing sub-committee believed that these conditions, together with the ones contained within the operating schedule were sufficient to uphold the four licensing objectives.

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

This sub-committee advised the applicant may appeal against any decision to:

a)  Impose conditions on the licence

b)  Exclude a licensable activity or refuse to specify a person as premises supervisor.

The sub-committee further advised that any person who made relevant representations in relation to the application may appeal against the decision should they desire to contend that:

a)  The  licence ought not to have been granted; or

b)  On granting the licence, the licensing authority ought to have imposed different or additional conditions on the licence, or ought to have modified them in a different way.

Any appeal must have been made to the Magistrates’ Court for the area in which the premises were situated. Such an appeal must have been 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.

The meeting closed at 11.05am.