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 public health authority representative addressed the sub-committee. Members had questions for the public health authority representative

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

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

All parties were given an opportunity for summing up.

The meeting went into closed session at 11.13am. 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 11.30am and the chair advised all parties of the summary of the decision.

RESOLVED:

That the application by Ismail Demir for a variation of a premises licence issued under the Licensing Act 2003 in respect of the premises known as: River Supermarket, 208 Jamaica Road, London SE16 4RT is granted as follows:

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 conciliated with trading standards and the following additional conditions agreed by the licensing sub-committee:

1.  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 be capable of capturing a clear facial image of every person who enters the premises. 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.

2.  That all staff shall be trained in respect of the Licensing Act 2003 and the terms and conditions of this licence. A record of such training shall be kept and be accessible at the premises at all times and will be made immediately available to council or police officers on request.

Reasons

The reasons for the decision are as follows:

The licensing sub-committee heard from the applicant who advised that this was a family run small business and that they had been managing it since December 2015.  The applicant informed the sub-committee that they wished to amend the application and now sought operating hours and licensable activities till 01:00 instead of the original 03:00 applied for.

The applicant stressed that they had never experienced any problems concerning the premises and that no local residents had objected to the application.

The public health authority representative addressed the sub-committee and advised that the late night supply of alcohol tends to encourage anti-social behaviour.  She also said that longer hours of serving alcohol result in greater incidents of alcohol related harm.

The licensing officer representing the council as a responsible authority addressed the sub-committee and advised that their representation was on the basis that the hours sought were greater than the hours suggested in the Southwark licensing policy for residential areas.  However, he recognised that the sub-committee could deviate from the suggested hours in the policy where appropriate.

The licensing sub-committee noted that the trading standards officer had conciliated with the applicant and had agreed conditions concerning the adoption of a Challenge 25 policy.

The Metropolitan Police Service representative addressed the sub-committee and advised that their representation was also on the basis that the hours sought were greater than the hours suggested in the Southwark licensing policy for residential areas. The police representative confirmed that there was no record of any negative incidents connected to the premises.

The licensing sub-committee considered all of the oral and written representations before it and were satisfied that the applicant was a responsible operator with a good track record.  This was supported by the police evidence that there is no record of any negative incidents relating to the premises. The sub-committee was also pleased to note that the application had been significantly revised to reduce the hours sought for licensable activities. The sub-committee noted that a similar premises in the vicinity was licensed on a 24 hour basis and there was no evidence presented to suggest that this was a source of anti-social behaviour or public nuisance.  The sub-committee were satisfied that the licensing objectives would not be undermined by granting the application.

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 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.