Agenda item

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

The premises user addressed the sub-committee.  Members had questions for the premises user.

The Metropolitan Police Service representative addressed the sub-committee.  Members had questions for the police.

The environmental protection officer, the witness for the police, addressed the sub-committee.  Members had no questions for the environmental protection officer.

All parties were given five minutes for summing up.

The meeting went into closed session at 12.05pm.

The meeting resumed at 1.24pm and the chair read out the decision of the sub-committee.

RESOLVED:

That a counter notice be issued under Section 105 of the Licensing Act 2003 in respect of a temporary event notice (TEN) served by Mr Umarr Sesay  in regards to an event to be held at the River of Life Centre, 12-38 Hatcham Road, London SE15 1TW between 20:00 on 3 December 2016 and 04:00 the following day.

Reasons

This was a temporary event notice given by the premises user, Mr Umarr Sesay , in regards to an event to be held at the River of Life Centre, 12-38 Hatcham Road, London SE15 1TW between 20:00 on 3 December 2016 and 04:00 the following day.

The sub-committee heard from the premises user and his associate who advised that they had been holding similar events at the premises for the past ten years. In response to questions from members they advised that this would be a ticketed event to raise money for charity and that they would not sell more tickets than the maximum capacity.  They further advised that they would provide their own SIA security staff and employ a parking marshall.  They added that guests would be monitored to ensure they were of a reputable nature. 

The sub-committee heard from the Metropolitan Police Service representative who objected to the temporary event notice.  He referred the sub-committee to his written objection and evidence and highlighted a number of key points.  He informed the sub-committee that there had been a history of late night disturbance and crime and disorder associated with events at this premises.  He explained that the premises was not suitable for late night activity, due to its location in close proximity to residential streets.

The sub-committee heard from the council’s environmental protection officer who was called by the police as a witness.  They highlighted that in the last year there had been 14 complaints relating to events in the industrial estate including events at the premises.  They added that there had been unlicensed events at the premises running late into the night and refered to occasions where Section 19 closure notices had been served.

The officer emphasised that the premises was not suitable for these sort of activities due to the fact that there was no suitable sound insulation or approved noise limiting device. 

The sub-committee, having considered all the evidence both written and oral, considered that the premises was wholly unsuitable for events of this nature. They did not feel satisfied that the premises user had addressed the concerns raised or demonstrated that he would be able to take sufficient steps to make the premises suitable for the proposed event.  Furthermore, due to the absence of a premises licence and the inability to impose conditions, the sub-committee did not feel confident that the necessary measures required to address the licensing objectives could be secured.  As such the sub-committee felt that it had no option other than to issue a counter notice on this occasion.

In reaching this decision the sub-committee had regard to all the relevant considerations and the licensing objectives and felt that this was an appropriate and proportionate decision in order to address the licensing objectives.

Appeal rights

Where the relevant counter notice under Section 105(3) is given the premises user may appeal against the decision.  Where counter notice is not given, the chief officer of police or the environmental protection team may appeal against that decision.  The appeal must be made to the Magistrates’ Court within a period of 21 days beginning with the day on which the applicant was notified by the licensing authority of the decision to be appealed against.  No appeal may be brought later than five working days before the day on which the event begins.