Agenda item

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

 

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

 

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

 

The environmental protection officer addressed the sub-committee.  Members had questions for the environmental protection officer.

 

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

 

The public health officer addressed the sub-committee.  Members had no questions for the public health officer.

 

All parties were given five minutes for summing up.

 

The meeting went into closed session at 12.24pm.

 

The meeting resumed at 2.35pm and the chair did read out the decision of the sub-committee.

 

RESOLVED:

 

That the application by Doodle Bar Ltd for a variation of a premises licence issued under the Licensing Act 2003 in respect of the premises known as Tanner Street Doodle Bar, Unit 60 Druid Street and Arches 30-33 Tanner Street, London SE1 2EZ is granted for the crisscrossed area on the attached plan as follows:

 

Licensable activity	Hours
To extend recorded music (indoors) from the deregulated finish time of 23:00 to:	Sunday to Thursday 23:00 to 23:30 Friday and Saturday 23:00 to 00:30
To extend live music (indoors)  from the deregulated finish time of 23:00 to:	Sunday to Thursday 23:00 to 23:30 Friday and Saturday 23:00 to 00:30
late night refreshment (indoors) to:	Sunday to Thursday 23:00 to 23:30 Friday and Saturday 23:00 to 00:30
To extend sale of alcohol hours for consumption on/off the premises to:	Sunday to Thursday 22:30 to 23:30 Friday and Saturday 22:30 to 00:30
The extend the opening hours of the premises to:	Sunday to Thursday 23:00 to 00:00 Friday and Saturday 23:00 to 01:00

 

 

 

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 and the following additional conditions agreed by the licensing sub-committee meeting:

 

1.  That there shall be a personal licence holder on duty on the premises at all times when the premises are authorised to sell alcohol.

 

2.  That on Fridays and Saturdays after 23:00 that a minimum of two SIA licensed door supervisors shall be on duty at the entrance of the premises. This would also apply in the event of any other occasion in which the premises operates closing hours after 00:00.

 

3.  That any staff engaged outside the entrance to the premises or supervising or controlling queues shall wear high visibility jackets or vests.

 

4.  That no noise generated on the premises or by its associated plant of equipment shall emanate from the premises, nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.

 

5.  That loud speakers shall not be located by the entrance or outside the premises building.

 

6.  That the doors opening into the market area be closed from 22:00 except for emergency exit. All other windows and external doors shall be kept closed after 23:00 except for immediate access and egress.

 

7.  That notices shall be prominently displayed at any area used for smoking, requesting patrons to respect the needs of local residents and to use the area quietly.

 

8.  That a direct telephone number for the duty manager at the premises shall be displayed at the premises and be made available to local residents.

 

9.  That the licence holder shall ensure that any queue to enter the premises which forms outside the premises is orderly and supervised by door staff so as to ensure that there is no public nuisance or obstruction to the public highway.

 

10.  The number of persons permitted in the premises at any one time (excluding staff) shall not exceed 250 persons.

 

11.  That an incident log shall be kept at the premises and made available on request to an authorised officer of the council or the police. It will record the following:

 

(a) All crimes reported to the venue.

(b) All ejections of patrons.

(c) All incidents of disorder.

(d) Any seizures of drugs or offensive weapons.

(e) Any refusal of the sale of alcohol

(f)  All complaints received

(g) Any faults in the CCTV system

(h) Any visit by relevant authority or emergency service.

 

12.  That patrons permitted to temporarily leave then re-enter the premises to smoke shall not be permitted to take drinks or glass containers with them.

 

13.  That the licence holder shall enter into an agreement with a Hackney carriage or private carriage firm to provide transport for customers, with contact numbers made readily available to customers.

 

14.  That the Druid Street entrance shall function as an acoustic lobby and that only one set of double doors may be opened at one time.

 

15.  That no beers, lagers or ciders with an ABV of above 6.5% will be sold at the premises, unless prior written permission has been obtained from a Metropolitan Police Licensing Officer for Southwark. Such permission must be kept at the premises and made available immediately on request to relevant authorities.

 

16.  That there shall be no entry or re-entry to the premises after 23:00.

 

17.  That the dispersal policy shall be kept at the premises and shall be made available to relevant officers of the council or the police on request.

 

Reasons

 

The reasons for the decision are as follows:

 

The licensing sub-committee heard from the applicant who explained  the business model for the premises, that this is a combination of a bar and a restaurant where patrons are encouraged to doodle on chalk boards.  They stated that during the day it was a family orientated premises.  They relied on their experience with a sister bar that was open for seven years, although now closed, in Wandsworth.  They stated that the DPS has experience of running premises with late night licences.

 

The applicant acknowledged the concerns raised by the responsible authorities and offered a reduction in the hours sought.  They sought to address the concerns which focussed on crime and disorder and public nuisance. 

 

They explained that all members of staff received induction training with a refresher course given after 12 months.  They stated that there would be a personal licence holder at the premises at all times.  They also provided a copy of their dispersal policy and advised the sub-committee that the area was well served by public transport. 

 

In addressing the concerns raised about noise nuisance, they highlighted that the premises are under rail tracks and on a busy road, which are noisy in themselves.  Further more, the area is well served by other drinking establishments.  In response to questions asked, the applicant clarified that there is now a double glazed sound lobby on the Druid Street entrance.  Furthermore, sound absorbing foam had also been installed.

 

They explained that before any events take place at the premises, a risk assessment would be carried out and that they would increase staff and security levels as appropriate.

 

They noted that no objections had been received from local residents and that they had avoided this by actively engaging with the local community.

 

The licensing sub-committee heard from the Metropolitan Police Service representative, who indicated that they had concerns relating not only to the lack of control measures in place regarding the dispersal of patrons, but also the crime and disorder that could arise owing to the late hours of alcohol supply.  Specific reference was made to the fact that the entrance and exit points were directly opposite residential premises. The lack of provision of information as to how the premises would avoid issues formed the basis of the representations made.

 

The licensing sub-committee heard from the environmental protection officer who also raised concerns about the proximity of the premises to residential areas.  There was concern also relating to the layout of the premises and the fact that there did not appear to be facility for sufficient noise control measures to be accommodated. 

 

The licensing sub-committee heard from the licensing officer representing the council as a responsible authority, who was concerned that the hours applied for exceeded those set out in the licensing policy and insufficient information had been provided, meaning that they were not able to justify departing from that set criteria.

 

There were also concerns raised regarding the lack of control measures in place to avoid further issues arising.  The representative also highlighted that the dispersal policy would need to be provided and that the current measures in place governing the off sales of alcohol were insufficient.

 

The licensing sub-committee heard from the public health officer who raised concern regarding public safety attributed to long hours of vertical drinking within a small premises.  They also raised the fact that the hours sought were outside of the guidance hours set out in the policy. 

 

The licensing sub-committee considered all of the oral and written representations before it and noted that this was an application to vary a licence that had already been granted.  They acknowledged the representations made by all of the responsible authorities and the guidelines set out in the council’s licensing policy. 

 

The sub-committee were reassured by the experience of the designated premises supervisor and the submissions made in addressing the concerns raised by the authorities. They were satisfied that the conditions listed above would ensure that the licensing objectives are promoted.

 

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.

 

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.