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.

 

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

 

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

 

It was noted that the environmental protection officer had conciliated with the applicant.

 

All parties were given an opportunity for summing up.

 

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 Limitedfor a grant of a premises licence issued under the Licensing Act 2003 in respect of Frank’s Café, Levels 7 & 8, Peckham Multi Storey Car Park, 95a Rye Lane, London, SE15 4ST is granted as follows:

 

Licensable Activity	Hours
Sale and supply of alcohol	Tuesday to Friday 17:00 to 23:00 Saturday12:00 to 23:00 Sunday 12:00 to 22:00
Opening hours	Tuesday to Friday 17:00 to 23:30 Saturday11:00 to 23:30 Sunday 11:00 to 22:30

 

Conditions

 

That 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 and the following additional conditions:

 

1.  That the premises may hold a maximum of 15 major events per annum with a maximum capacity of 800 patrons.  The applicant will notify residents and responsible authorities 14 days in advance of each event.

 

2.  That the premises may hold a maximum of 35 events with a maximum capacity of 150 held in the auditorium.

 

3.  That SIA door supervisors and suitably qualified stewards will be employed at the premises in line with the Bold Tendencies visitor management strategy.

 

4.  That a CCTV system be installed at the premises and be maintained in good working order and be continually recording at all times the premises are in use under the licence.  The CCTV system must e capable of capturing a clear facial image of every person who enters the premises.

 

5.  That all CCTV footage will be kept for a period of 31 days and shall on request be made immediately available to officers of the police and the council.  There will be at least one person on duty at all times that is familiar with the operation of the CCTV and able to download the footage upon request.

 

6.  That the documents provided in the application namely, the Bold Tendencies visitor management strategy, the fire safety policy and fire evacuation plan, fire risk assessment, auditorium noise assessment (and any amendments to these documents) shall be adhered to and kept at the premises. 

 

7.  That all staff are trained in their responsibilities under the Licensing Act 2003 in addition to the Bold Tendencies visitor management strategy, the fire safety policy and fire evacuation plan, fire risk assessment, auditorium noise assessment and training records will be kept and signed and updated every 6-months.  The records shall, upon request be made immediately available to Officers of the police and the council.

 

8.  That a personal licence holder is on the premises and on duty at all times when intoxicating is supplied.

 

9.  That no alcohol will be supplied unless an event is held at the premises by Bold Tendencies.

 

Reasons

 

The reasons for the decision are as follows:

 

The licensing sub-committee heard from the applicant who stated that Frank’s Cafe would be responsible for the sale of alcohol at events that are run by Bold Tendencies, a not for profit creative enterprise.  Levels 7-8 of the Peckham multi-Storey Car Park would be an extension of the work and licence that it already had on levels 9-10 of the same premises. The applicant also agreed that they would hold a maximum of 15 major events (with patron capacity of between 150-800) and 35 smaller events (with a patron capacity of up to 150).

 

The licensing sub-committee heard from the Metropolitan Police Service  who stated that having considered the additional documentation presented, a number of conditions had been agreed with the applicant (conditions 3-8 above)

 

The licensing sub-committee heard from this council’s licensing officer representing the council as a responsible authority who had, in their representation, referred to the council’s statement of licensing policy 2016 - 2020 relating to the prevention of crime and disorder, prevention of public nuisance and the protection of public safety licensing objectives.  Their representation advised that the premises are local within the Peckham cumulative impact policy (CIP) and it was felt that applicant had not sufficiently rebutted the presumption that the operation would not add to the cumulative impact.  However, having digested the additional material provided by the applicant, in addition to the applicant’s agreement to hold a maximum of 15 major events and 35 smaller events per annum they confirmed that this would not have an effect on cumulative impact.

 

It was noted that the environmental protection team’s representation was withdrawn, having conciliated with the applicant.

 

The licensing sub-committee were initially concerned the licence application would have a negative effect on cumulative impact however, having read and heard all the  representations, the sub-committee were satisfied that the there would be a maximum of 50 events per year with a restricted capacity and on that  basis, allowed the licence application with the conditions agreed.

 

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 appropriate and proportionate.

 

Appeal rights

 

The applicant may appeal against any decision:

 

a)  To impose conditions on the licence

b)  To exclude a licensable activity or refuse to specify a person as premises supervisor.

 

Any person who made relevant representations in relation to the application who desire to contend that:

 

a)  The  licence ought not to be been granted; or

b)  That on granting the licence, the licensing authority ought to have imposed different or additional conditions to 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.