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.

All parties were given an opportunity for summing up.

The meeting went into closed session at 1.19pm.

The meeting resumed at 2.47pm.  The chair did not read out the decision as none of the parties were present.

RESOLVED:

That the application by Greene King Brewing and Retailing Ltd for a variation of a Premises Licence issued under the Licensing Act 2003 in respect of The Rye, 31 Peckham Rye, London SE15 3NX is granted as follows:

·  That the licensable area of the premises shall be altered as per the drawing named ‘Proposed Layout – Licensing’ and dated 22 March 2016 submitted with the above application.

Conditions

1.  That regular inspections of the garden area shall be undertaken by a member of the management team whilst the premises are in operation to assess the level of noise being caused due to the operation of the premises.

2.  That staff shall be trained in respect of the terms and conditions of this licence and in respect of the operation and management of the garden area. A record of such training shall be kept / be accessible at the premises at all times and will be made immediately available to council or police officers on request. The training record shall include the trainee’s name (in block capitals), the trainer’s name (in block capitals), the signature of the trainee, the signature of the trainer, the date(s) of training and a declaration that the training has been received. 

3.  That the sale of alcohol shall cease by 21:45 in the garden area and the garden area shall be cleared of patrons by 22:00.

4.  That notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.  That any groups of customers found to be loitering outside the premises after closing time will be politely asked by staff to disperse from the area.

5.  That the extraction systems at the premises shall be maintained in full working order at all times that the premises are in operation. The extraction systems shall be inspected at least once annually by a person qualified to do so to ensure that they are in full working order. Any record or certification of such inspections shall be kept at / be available at the premises and shall be made available to officers of the council or police on request.

6.  That any barbeques in use at the premises shall be gas powered and include a hood. The barbeque shall only be in operation up until 21:00 on each day.

7.  That the bar in the garden area must be manned by trained staff at all times whilst in use. It must be secured, in such a way as to prevent public access, at all other times.

8.  That only single measures of spirits shall be sold at bar in the garden.

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

10.  That condition 122 (c) be amended to read:  ‘They are in the bar  solely for the purpose of passing to or from some part of the premises which is not a bar and to and from which there is no other convenient means of access or egress.’  This does not apply to the garden area up until 19:00 each day.

Reasons

The reasons for the decision are, as follows:

The licensing sub-committee heard submissions from the applicant who stated that generally the premises had a good relationship with local residents and that it was not a destination pub.

They further explained the contents of their conciliation statement which had been circulated on 31 May and sought to explain how they had addressed the concerns raised by the objector.

The licensing sub-committee considered the representation submitted by a local resident who was unable to attend the hearing. The written representation raised concerns regarding increased noise and odour levels as the plans will incorporate a BBQ facility.  A request was made asking for a condition to be added to prevent the impact of the proposed works on the local residents.

Having considered all the information before it, the sub-committee agreed that the conditions provided by the applicant in the conciliation statement sufficiently safeguarded the interests of 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 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.