Agenda item

The licensing officer presented their report.  Members had questions for the licensing officer.

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

The trading standards officer, representing the licensing responsible authority officer addressed the sub-committee.  Members had questions for the trading standards officer.

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

All parties were given an opportunity for summing up.

The meeting went into closed session at 12.33pm. 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 1.30pm.  The chair did not read out the decision as none of the parties were present.

RESOLVED:

That the application made by Nadeem Muhammad for a premises licence to be granted under the Licensing Act 2003 in respect of the premises known as Chick Chicken, 117 Peckham High Street, London SE15 5SE 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 agreed with the police and environmental protection team, during the conciliation process and the following additional condition agreed by the sub-committee:

1.  That all staff shall be trained in respect of the terms and conditions of this licence and in respect of the operation and management of the premises. 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. 

Reasons

The reasons for the decision are as follows:

The licensing sub-committee heard from the applicant who informed the sub-committee that they had operated these premises without being required to obtain such a licence for a period of 2 ½ years without any issues.  They also have two separate premises within the London Borough of Lewisham, both with late night refreshment licences, which they have run for 15 years.

They relied on this experience to assure the sub-committee that they were responsible operators who were able to promote the four licensing objectives.  They informed the sub-committee that they had already adopted the conciliated conditions with specific reference to the CCTV conditions and the use of signage to reduce public nuisance and anti-social behaviour.

The sub-committee noted that the police and the environmental protection team had conciliated with the applicant on the basis of the amended operating schedule.

The licensing officer representing the council as a responsible authority was not available and as such the trading standards officer adopted his representations.  They observed that the hours sought were outside those recognised in the licensing policy. 

The licensing sub-committee heard from the public health authority representative.  They also observed that the hours sought were outside those recognised in the licensing policy.

The licensing sub-committee noted the written representations from the ward councillors.

The licensing sub-committee considered all of the oral and written representations and decided that the variation should be granted in part and allow the premises to serve late night refreshment until 02.00 on Friday and Saturday when the area is already busy and therefore the noise and nuisance from the premises would have limited impact. 

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

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.