Agenda item

The licensing officer presented their report.  They advised that the applicant had informed them that they would not be in attendance.  Members had no questions for the licensing officer.

The ward councillor, objecting to the application addressed the sub-committee.  Members had questions for the ward councillor.

The meeting went into closed session at 10.50am. 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 11.11am. The chair did not read out the decision as none of the parties were present.

RESOLVED:

That the application made by Mujibul Islam for a premises licence to be granted under the Licensing Act 2003 in respect of the premises known as 68 Morley Street, London SE1 7QZ 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 conciliated conditions agreed with the responsible authorities and the following additional conditions agreed by the sub-committee:

1.  That the waste collections, deliveries and external waste handling shall take place between the hours of 08:00 and 20:00 on any day.

Reasons

The reasons for the decision are as follows:

The licensing sub-committee were informed that the applicant had provided notification to confirm that he would not be in attendance at the sub-committee hearing.

In accordance with regulation 20 of the Licensing Act 2003 (Hearings) Regulations 2005, the licensing sub-committee agreed to proceed with the hearing in the absence of the applicant.

The applicant requested that the sub-committee were informed that they had conciliated with the responsible authorities and had agreed to the proposed conditions requested by the responsible authorities who had all withdrawn their representations.

The licensing sub-committee noted that all of the responsible authorities had conciliated with the applicant and had therefore withdrawn their representations.

The licensing-sub committee heard from a local ward councillor who expressed concern that the premises was on the ground floor of a residential building and in a primarily residential street. The ward councillor stated that the original objection was submitted in view of the original application for the hours to cease at 02:00. The ward councillor was now aware that the hours had been reduced to 23:00 and she was much happier with the amended proposed hours.

The ward councillor highlighted the residents concerns and in particular the concerns with regards to the potential noise as a result of waste collection during late hours and asked the sub-committee to consider the residents concerns within their determination.

The licensing sub-committee considered the representations from five local residents objecting to the application on the grounds of public nuisance and protection of children from harm. The residents concerns related to the fact that the premises are on the ground floor of a small and otherwise residential block. Residents are concerned that the proposed hours will be busy and noisy. They expressed concern that the premises would cause disruption and that the noise will go on outside these hours.  They further expressed concern about the sale of snacks and drinks and alcohol in particular will encourage people to loiter around the building at all hours.

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.