Agenda item

The licensing officer presented their report.  Members had no questions for the licensing officer.

 

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

 

The licensing officer representing the council as a responsible authority addressed the sub-committee.  Members had questions for the licensing officer.  The licensing officer called on the environmental protection officer as a witness.  Members had questions for the environmental protection officer.

 

The public health authority officer addressed the sub-committee.  Members had questions for the public health authority officer.

 

All parties were given five minutes for summing up.

 

The meeting went into closed session at 2.16pm.

 

The meeting resumed at 3.27pm and the clerk read out the decision of the sub-committee.

 

RESOLVED:

 

That the application by Douglas Otunyo for a variation of a Premises Licence issued under the Licensing Act 2003 in respect of Lush Bar & Restaurant, 280 Old Kent Road, London SE1 5UE is granted as follows:

 

·  Recorded Music (indoors):

Friday & Saturday until 03.30

 

·  Late night refreshments:

Friday & Saturday until 03.30

 

·  Sale and Supply of alcohol (on  the premises)

Friday & Saturday until 03.30

 

·  Operating hours of premises

Monday to Sunday from 06.00 to 12.00 (to operate a coffee bar)

Friday & Saturday until 04.00.

 

·  Seasonal Variations and non - standard timings:

 

o  That the to premises  licensable activities be extended on the following days Sunday preceding a Bank holiday; Easter Sunday, 24 December, 25 December, 26 December, 31 December, 1 January until  03.30 and extend the operating hours till 04.00  on the day following .

 

o  That on each 2 October (Nigerian independence Day) to extend licensable activities to 03.30 and extend the operating hours till 04.00 on the day following.

 

 

 

 

Conditions

 

·  That condition 370 be removed from the licence.

 

·  That  condition 341 be varied to read “That 2 SIA registered door supervisors, at least one of whom shall be a female, shall be employed at all times after 22.00 when the terminal hour is after 00.30.

 

·  That condition 364 be varied to read “That there shall be no new entry or re-entry to the premises after 02.00 when the terminal hour is 04.00 other than those who temporarily leave to smoke a cigarette in accordance with condition 346 of the licence”.

 

·  That condition 369 be varied to read “That an ID scanning system to the reasonable satisfaction of police be installed and maintained and operational after 22.00 until the terminal hour when licensable activities continue after mid-night. The system should be capable of sharing information about banned customers with other venues, identify the hologram of an ID and read both passports and ID cards, able to identify fake or forged ID documents to a reasonable standard. All persons that enter the premises including all SIA registered door supervisors, patrons, DJs and associated staff will be scanned and have their details recorded on the system. The details shall be stored and made available on request for a period of no less than 31 days”

 

·  That condition 248 be varied to read “That a sound limiting device shall be installed to the ground floor and maximum volume and bass levels set in conjunction with a qualified sound engineer, to ensure any music, speech or song from licensed entertainment is not audible in nearby residential premises nor will cause a public nuisance in the vicinity of the premises. Once set, should there be any change to the equipment involved in the broadcast or limiting of sound from licensed entertainment that the sound limiters be re-set in conjunction with a qualified sound engineer, to ensure that any music, speech or song from licensed entertainment is not audible in nearby residential premises nor will cause a public nuisance in the vicinity of the premises.

 

Reasons

 

The reasons for the decision are, as follows:

 

The licensing sub-committee heard evidence from the applicant who advised that it was necessary for him to apply for this variation in order to ensure the continued success of his business.  He advised that he had plans to sell coffees and pastries in the mornings.  He stated that his customers often arrived later in the evening and that an extension in the terminal hour was required to cater for this.

 

He referred to correspondence with the environmental protection team, in relation to setting an appropriate noise level and explained that failures in relation to his ID scanning system were the result of his SIA staff not following proper procedures.  He took responsibility for this and explained that he had instituted measures to rectify these issues.

 

The licensing sub-committee noted that the Metropolitan Police Service had conciliated with the applicant.

 

The licensing sub-committee heard from the licensing officer representing the council as a responsible authority who called a witness from the Metropolitan Police Service.  The licensing officer remarked on a number of breaches at the premises concerning the ID scanning system and the noise limiting device.  The police evidence supported this.

 

The licensing sub-committee noted that the health and safety team had conciliated with the applicant on the basis that the premises operate a maximum capacity of 150.

 

The licensing sub-committee heard from the public health representative who raised concerns about early morning terminal hours.  They stated that they had concerns relating to the later entry/re-entry time that the applicant had requested.

 

The sub-committee carefully considered all representations and decided on balance that a half hour extension of the last entry/re-entry time and terminal hour would promote the licensing objectives whist also allowing the applicant to continue to run his business.  The sub-committee found no reason to refuse the applicant’s request for extra breakfast hours.

 

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.

 

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.

 

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.