Agenda item

The licensing officer presented their report.  The licensing officer advised that the applicant and the responsible authorities had agreed a number of conditions for the sub-committee to consider.

 

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

 

The licensing officer representing the council as a responsible authority addressed the sub-committee.  Members had questions for the licensing officer.

 

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

 

All parties were given five minutes for summing up.

 

The meeting went into closed session at 10.59am.

 

The meeting resumed at 12.00pm.  The chair did not read out the decision as none of the parties were present.

 

RESOLVED:

 

That the council’s licensing sub-committee, having had regard to the application by the Metropolitan Police for a review of the premises licence in respect of the premises known as The Charlie Chaplin, 26 New Kent Road, London SE1 6TJ and also having had regard to all other relevant representations has decided it necessary for the promotion of the licensing objectives to:

 

Modify the conditions of the licence by imposing the following additional conditions:

 

1.  Thatthree SIAregistered doorsupervisors willbe engagedwhen the upstairs ofthe premisesare inoperation anda DJor MCperforming to recorded music.They willbe employedat alltimes untilthe endof business and allpatrons havevacated thepremises. Theywill beengaged to monitor admissionand re-admissionsto thepremises,security, protection, screening, dealing withconflict andensure thatconditions related tothe useof theoutside areaare adheredto andthat thedispersal policyfor the premisesis implemented.

 

2.  That WhenSIA arerequired theywill beprovided withand heldmetal detection units inorder toensure thatsearches arecarried outin respectof all admissionsto theupstairs ofthe premises,whethermembers ofthe public or performersand theirassistants andMechanical countingdevices to ensure thatthe maximumaccommodation limitof thepremises isnot exceeded.

 

3.  That amember ofstaff shouldbe availableat alltimes thepremises isopen thatis trainedin theuse ofthe CCTVand ableto viewand downloadimages toa removaldevice onrequest ofPolice orcouncil officer.

 

4.  That apersonal licence holderwill beon thepremises atall timesafter 20:00and intoxicating liquor isbeing offeredfor sale.

 

5.  Thata CCTVsystem beinstalled atthe premisesand bemaintained in goodworking orderand becontinually recordingat alltimes thepremises arein use underthe licence.The CCTVSystem mustbe capableof capturinga clear facialimage ofevery personwho entersthe premises.It shouldcover all areas withinthe premisesincluding upstairsand theoutside areato the frontin alllighting conditions.

 

6.  Thatall CCTVfootage shallbe kept fora periodof 31 daysand shall, upon request,be madeimmediately availableto officersof thepolice and the council.

 

7.  That a696 form must besubmitted forany occasionin apremises licensedunder theprovisions of theLicensing Act2003, usinga DJor MCperforming torecorded background music,operating anytime between22:00and 06:00,that is promotedin someform byeither thevenue oran outsidepromoter, whereentry iseither free,by invitation,pay onthe dooror byticket.

 

8.  Thatall staffare trainedin theirresponsibilities underthe licensingact 2003 andtraining recordsto bekept andupdated every6 monthsand shall,upon request,be made immediatelyavailable toofficers ofthe policeand the council.

 

9.  That xxxxxx andxxxxxx be permanently excluded fromthe premises.

 

10.  That all staff working at the premises shall undertake a training course in dealing with work related violence and aggression.

 

11.  That training records of all staff that have undertaken the training course dealing with work related violence and aggression shall be kept at the premises and available for inspection by authorised officers of the police or the council.

 

12.  That the accommodation limit of 150 people for the ground floor shall not be exceeded.

 

13.  That the accommodation limit of 120 people for the first floor shall not be exceeded.

 

Reasons

 

The reasons for this decision are as follows:

 

The licensing sub-committee heard from the Metropolitan Police Service representative, the applicant for the review who advised that the police had applied to the licensing authority for a summary review of the premises licence on 17 March 2017.  The application concerned a serious incident that took place on 16 March 2016 at approximately 22.50.  It was alleged that a patron described as being extremely intoxicated became aggressive when last orders were called and left the premises, then smashed a window of the premises with a phone.  Another patron then left the premises and assaulted the victim causing significant facial injuries

 

At the hearing on 18 March 2016, interim steps were considered and two interim steps were imposed (6 and 10 above).

 

The police advised the sub-committee that they were satisfied that the conditions listed above would promote the licensing objectives.

 

The licensing sub-committee heard from the licensing officer representing the council as a responsible authority who had highlighted previous breaches of the premises licence. However, they had also agreed conditions with the premises and were satisfied that they would address the officer’s concerns.

 

The licensing sub-committee noted the written representation from the health and safety officer who had also agreed conditions with the licensing officer.

 

The representative from the premises informed the sub-committee that they had liaised closely with the police, the licensing authority and the health and safety authority and had agreed with all the conditions recommended.  They reiterated that they were apologetic that this incident had occurred at the premises and assured the sub-committee that the relief manager had been permanently excluded from the premises immediately.

 

The licensing sub-committee were pleased that all the parties were able to resolve their concerns through their discussions and were content that the conditions agreed would satisfy the concerns.

 

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

 

Appeal rights

 

This decision is open to appeal by either:

 

a)  The applicant for the review

b)  The premises licence holder

c)  Any other person who made relevant representations in relation to the application.

 

Such appeal must be commenced by notice of appeal given by the appellant to the justices’ clerk for the Magistrates Court for the area within the period of 21 days beginning with the day on which the appellant was notified by this licensing authority of the decision.

 

This decision does not have effect until either:

 

a)  The end of the period for appealing against this decision

b)  In the event of any notice of appeal being given, until the appeal is disposed of.

 

The interim steps will remain in place until either:

 

a)  The end of the period for appealing against this decision; or

b)  In the event of any notice of appeal being given, until the appeal is disposed of.

 

The premises licence holder may make representation against any interim steps imposed and a hearing to consider the representation will be held within 48 hours of receipt of the representation.

 

Any representation should be in writing and cannot be received outside of normal office hours.