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 environmental protection officer advised that they had now conciliated with the applicant.  Members had no questions for the environmental protection officer.

The local residents objecting to the application addressed the sub-committee.  Members had questions for the local residents.

All parties were given an opportunity for summing up.

The meeting went into closed session at 11.56am. 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 1.45pm.  The chair did not read out the decision as none of the parties were present.

RESOLVED:

That the application made by Chapeau Tower Bridge Ltd for a premises licence to be granted under the Licensing Act 2003 in respect of the premises known as The Watch House, Unit 17 Cardamom Building, 30 Shad Thames, London SE1 2YR 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 conciliatory statements  and the following additional conditions submitted by the police and agreed by the 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. It should cover all areas within the premises including the outside area to the front in all lighting conditions.

2.  That a member of staff should be on duty at all times the premises is open that is trained in the use of the CCTV and able to view and download images to a removable device.

3.  That all CCTV footage shall be kept for a period of thirty one (31) days and shall, upon request, be made immediately available to officers of the police and the council

4.  That all staff are trained in their responsibilities under the licensing act 2003 and training records to be kept and updated every six months and shall, upon request, be made immediately available to officers of the police and the council.

Reasons

The reasons for the decision are as follows:

The licensing sub-committee heard from the applicant who advised that they had run a coffee shop business on Bermondsey Street since 2014.  They stated that their current premises were extremely limited in the hours that they can operate due to a number of restrictive covenants in the lease.

They informed the sub-committee that their proposed business, which will be limited to 23 seated patrons at any one time, will serve coffee and light refreshments during the day.  In the evening, they would offer a small selection of coffee based cocktails, wines and small British tapas plates. 

They informed the sub-committee that they had made efforts to meet with local residents and the local ward councillor and had considered each of the 42 written representations.  They acknowledged the residents’ concerns about noise and had agreed to withdraw recorded music from the licence and reduce the hours for which alcohol will be supplied. They provided further reassurances as to the times of deliveries and the handling of the disposal of waste and bottles; these would be conducted by staff and would not be outsourced, in order to ensure that they maintained control. 

The licensing sub-committee noted that the police had conciliated with the applicant.

The environmental protection team advised that they had withdrawn their representation on the basis that the applicant agreed to remove recorded music from the licence.  This had addressed their concerns regarding noise escape and noise nuisance from the premises.

The licensing sub-committee noted the 41 written representations from local residents and the representation from the ward councillors. It was noted that 13 of these had been withdrawn following the distribution of the second conciliation statement from the applicant.

The sub-committee heard from two of the local residents who were in attendance.  A third resident was in attendance but had not made a written representation during the statutory consultation period.

The local residents discussed each of the four licensing objectives, the main focus of which was on noise nuisance and the effects of smoking in the vicinity of their homes.  They also raised issue with the late hours of opening, dispersal policies and how deliveries and waste would be dealt with.

The representations regarding noise disturbance were supported by submissions that the residents in attendance, their children and their neighbours’ bedrooms all faced into Shad Thames, where the premises would operate.

The local residents questioned the advertising of the application.  The licensing officer confirmed that the application had been advertised in accordance with the statutory requirements. 

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.