Agenda item

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

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

A local resident objecting to the application addressed the sub-committee.  Members had questions for the local resident.

Both parties were given an opportunity for summing up.

The meeting went into closed session at 11.27am.

The meeting resumed at 12.57pm.  The chair did not read out the decision of the sub-committee as none of the parties were present.

RESOLVED:

That the application by The Brunel Museum or a variation of a Premises Licence issued under the Licensing Act 2003 in respect of The Brunel Museum, Railway Avenue, London SE16 4LF be granted as follows:

·  That condition 341 be varied to read “That licensable activities will not take place in the outside areas after 17:30 except for Thursdays, Fridays and Saturdays for the sale or supply of alcohol until 23:00.

·  That the licensable area of the premises be extended as per plan number BMR_JTA_PR_AL_020 C1 provided in the application.

Conditions

The operation of the premises under the licence shall be subject to relevant mandatory conditions, conditions derived from the operation schedule highlighted in Section M of the application form, the conditions agreed between the applicant and the environmental protection team during the conciliation process and the following additional conditions:

1.  That a direct telephone number for the management at the premises shall be publicly available at all times that the premises are open.  This telephone number is to be made available to residents and businesses in the vicinity. 

2.  That there shall be no amplified music or entertainment in any outside areas.

Reasons

The reasons for the decision are, as follows:

The licensing sub-committee heard evidence from the applicant who advised that their application was to extend the licensable areas as per the plan submitted with the application and to allow alcohol to be sold in the outside areas after 17:30 until 23:00 on Thursday, Friday and Saturdays.

They specified that the events that would be held would be ticketed with a maximum of 200 tickets being sold.  They explained that one of these events is the ‘Midnight Apothecary’ which currently takes place each Saturday in the summer months.  At these events the applicant stated that alcohol is not served after 22:00 and all patrons leave the garden area by 22:30.

The applicant acknowledged the content of the complaints that had been submitted as a result of this application and expressed a willingness to work and engage with local residents to address their concerns directly.

The application was endorsed by two witnesses for the applicant. 

The sub-committee noted that the environmental protection team representations were withdrawn as a result of the conciliation statement from the applicant.

The licensing sub-committee noted the written representations from seven local residents.  Two of the local residents had written to confirm that they had withdrawn their representations prior to the hearing. 

The sub-committee heard from one local resident objector (also representing one other objector) who expressed concerns in relation to the noise and the location of the premises in a residential environment.  They expressed dissatisfaction with the manner in which the museum had policed its previous events. They drew comparison from the operation of the Mayflower pub.

The local resident objector also suggested that the hours applied for in the variation could be shorter than the hours that already existed in the current licence.  They also discussed options of how to monitor sound emitting from the premises.

The licensing sub-committee, having considered all the written and oral evidence before it agreed to the conditions set out in the decision above.  The licensing sub-committee did consider the suggestion put forward by the local resident objector relating to limiting the hours for licensable activities, however, it was considered that it would be too difficult to both adhere to and enforce, especially considering the nature of the proposed events. 

In respect of the local resident objector’s comments relating to noise control, the licensing sub-committee decided not to vary the existing condition 342 as it would be unduly onerous, considering the nature of the activities taking place.  However, the sub-committee were mindful that noise nuisance from patrons may have an impact on neighbouring residents without satisfying the criteria for a statutory nuisance.  As such, the licensing sub-committee ask that the applicant is responsive to any complaints made by local residents.

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 necessary and proportionate.

Appeal rights

The applicant may appeal against any decision to modify the conditions of the licence; and

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 petty sessions 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.