Agenda item

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

The applicant and their legal representative 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.

All parties were given an opportunity for summing up.

The meeting went into closed session at 2.10pm. Prior to going into closed session the chair informed the parties that they would be informed of the full decision in writing.

The meeting resumed at 2.25pm and the chair advised all parties of a summary of the decision.

RESOLVED:

That the application by Frank’s Café Limited for a variation of the premises licence issued under the Licensing Act 2003 in respect of Frank’s Café, Level’s 9 – 10, Peckham Multi Storey Car Park, 95A Rye Lane, London SE15 4ST granted as follows:

·  That condition 341 is amended to read:

“That a capacity limit of 1,500 persons shall not be exceeded at any time and will be controlled by the use of clickers.”

Reasons

The reasons for the decision are, as follows:

The Licensing sub-committee heard submissions from the applicant who advised that the application was simply to vary condition 341 of the current premises licence to allow an increase in capacity of 500 persons, to that of 1500.  The applicant was not seeking to add another licensable activity and the licence did not include any regulated entertainment and the operation of the premises would remain the same.  The applicant sought to increase capacity as since changes to the entrance/exit arrangements, queuing had become an issue.  During the course of any one day, there could be 1500 visitors to the premises, but when the premises was at the  current 1000 capacity, the queue to the premises would be held at level 6.  These arrangements have now been altered as level 6 is now a building site, the queue is now on the ground level. For the benefit of the local residents, it is preferred to increase the capacity, rather than have a queue of patrons on the ground level in the street.

The licensing sub-committee heard submissions from this councils licensing responsible authority who referred to Southwark’s statement of licensing policy 2016–2020 concerning the prevention of crime and disorder and the prevention of public nuisance licensing objectives.  Licensing as a responsible authority were concerned that the applicant has not addressed how the increased capacitywould not adversely effect and/or local residents.

The licensing sub-committee noted that it was only licensing as a responsible authority that had submitted a representation against the variation application.  The applicant had sufficiently explained the need to increase capacity was due to the changes to the entrance and also, the fact that level 6 was no longer available to allow for the queuing to be held there.  Prior to the premises licence becoming permanent in 2015, there ha been a previous capacity of 1200.  Furthermore, risk assessments allowed for a capacity of 1800. On this basis, the increase in capacity by 500 was acceptable.

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.