Minutes:
The licensing officer presented their report. Members had no questions for the licensing officer.
The licensee for the premises addressed the sub-committee. Members had questions for the licensee for the premises.
The Metropolitan Police Service representative addressed the sub-committee. Members had questions for the police representative.
Both parties were given five minutes for summing up.
The meeting went into closed session at 10.30am.
The meeting resumed at 10.34am and the chair read out the decision of the sub-committee.
RESOLVED:
The council’s licensing sub-committee, having had regard to the representations by the representatives of Wazobia Restaurant, 670 Old Kent Road, London SE1 1JF, against interim steps imposed at the expedited review on 17 November 2016 has agreed to:
Modify the conditions imposed by way of interim steps at the licensing sub-committee on 17 November 2016 be amended as follows:
1. That one member of staff should be on duty at all times, the premises is open and that are trained in the use of CCTV and able to view and download images to a removable device immediately on request of police or council officers and all images held for a minimum of 31 days.
2. That condition 424 be amended to read: “That whenever there is regulated entertainment after 22:00, a minimum of two SIA registered door supervisors shall be employed and must be provided with and use hand held metal detection units and to ensure that searches are carried out in respect of all admissions to the premises. This applies to all members of the public or performers and their assistants. Mechanical counting devices are also to be used to ensure that the maximum capacity limit of the premises is not exceeded. This condition will also apply if the premises operated beyond 00:00 hours.
3. That a record book of banned individuals containing the banned individual’s personal details or a facial image taken from the premises CCTV system shall be held by the SIA registered door supervisors at the front door and will be made available.
Reasons
This was a hearing to consider representations from the representatives of Wazobia Restaurant, 670 Old Kent Road, London SE1 1JFagainst the interim steps imposed at the expedited review on 17 November 2016.
The DPS informed the licensing sub-committee that following the interim steps being imposed on 17 November 2016, it was not possible to have two members of staff working at the same time 7 days a week who can operate the CCTV, as there was insufficient staff. He suggested that this condition should be amended to read one member of staff.
The DPS confirmed that after discussing condition of the interim steps, he withdrew his representation concerning this condition.
He also explained that until the full determination of the review application on 13 December 2016 regulated entertainment had been voluntarily suspended and the premises would operate as a restaurant only. In the circumstances, he was finding it difficult to employ any SIA door staff because of the very limited hours that they would be required for. He therefore asked the committee to remove this condition.
Concerning condition 12 the DPS advised the licensing sub-committee that when removing people from the premises, it was practically impossible to get these persons to cooperate in passing their personal details and therefore asked if this condition could be amended so that only facial images taken from the CCTV system would be sufficient.
The licensing sub-committee heard from the representative from the Metropolitan Police Service who confirmed that he had met with the DPS at the premises the previous day and confirmed that a new comprehensive CCTV system had been installed and the company installing had provided initial training and additional training to all staff would be provided. The officer confirmed that he was happy with the suggested amendments proposed by DPS in respect of the interim steps conditions 6 and 12 and concerning condition 10, this could be amended that one SIA be employed between 20:00 until closing.
The Licensing sub-committee are grateful to the parties to be able to conciliate much of the representations and the amendments to the interim steps conditions 6 and 9 are accepted. The premises are still permitted to provide regulated entertainment. The incidents detailed in the Notice of Decision dated 17 November 2016 demonstrates that alleged incidents of violence occur when regulated entertainment is provided. Therefore, this sub-committee amend the interim steps condition 10, so that SIA staff are only required if regulated entertainment is provided or if the premises are open after 00:00 hours, should the premises have a temporary events notice.
Until the final determination of this review, the licensing sub-committee are of the view that it would be appropriate and proportionate to attach the conditions listed above in order to promote the licensing objectives.
Appeal rights
There is no right of appeal to a magistrates’ court against the licensing authority’s decision at this stage.
The premises licence holder may make representation against any interim steps imposed and a hearing to consider the representation will be held within 48 hours of receipt of the representation.
Any representation should be in writing and cannot be received outside of normal office hours.