Agenda item

The licensing officer presented their report.  Members had no questions for the licensing officer.

 

The Metropolitan Police Service representative addressed the sub-committee. The police advised that they had met with the licensee of the premises and had produced a list of conditions which would promote the licensing objectives.

 

The licensing officer representing the council as a responsible authority advised that they were satisfied with the conditions suggested by the police.

 

The environmental protection officer also confirmed that they were satisfied with the conditions suggested by the police.  Members had questions for the police.

 

The licensee for the premises addressed the sub-committee.  They advised that they were satisfied with the agreed conditions.  Members had no questions for the licensee of the premises.

 

The meeting went into closed session at 1.56pm.

 

The meeting resumed at 1.59pm and the chair advised all parties of the decision.

 

RESOLVED:

 

That the council’s licensing sub-committee, having considered an application made under Section 53A of the Licensing Act 2003 by the chief of police for the metropolitan police area for a review of the premises licence issued in respect of the premises known as Wazobia Restaurant, 670 Old Kent Road, London SE15 1JF and also having had regard to all other relevant representations has decided it necessary for the promotion of the licensing objectives to modify the conditions of the licence as follows:

 

That conditions 288, 289, 303, 424 be removed from the licence and that the following conditions be added:

 

1.  That an ID scanning system to the reasonable satisfaction of police be installed and maintained. The system should be capable of sharing information about banned customers with other venues, identify the hologram of an ID and read both passports and ID cards, able to identify fake or forged ID documents to a reasonable standard. The system will be in operation at all times after 22.00 whilst the premises are in operation under the premises licence when the terminal hour is after 00.30. All persons that enter the premises including staff, patrons, DJ’s and associated staff will be scanned and have their details recorded on the system. The details shall be stored and made available on request for a period of no less than 31 days.

 

2.  That a 696 form must be submitted for any occasion in a premises licensed under the provisions of the Licensing Act 2003, using a DJ or MC performing to recorded background music, operating any time between 10pm and 6am, that is promoted in some form by outside promoter, where entry is either free, by invitation, pay on the door or by ticket.

 

 

3.  That no spirits (alcohol containing more than 20% ABV) shall be sold by the bottle or half bottle unless served by a waitress in the clearly designated VIP area to groups of more than 10.

 

4.  That all spirits (alcohol containing more than 20% ABV) shall be sold by the measure of 25ml or 35ml at a maximum of two measures per container/glass unless served by a waitress in the VIP area to groups of more than 10.

 

5.  That two SIA registered door supervisors will be engaged when the premises are in operation Friday, Saturday or when the terminal hour is after 00.30 and will be employed at all times after 22:00 until the end of business and all patrons have vacated the premises. They will be engaged to monitor admission and re-admissions to the premises, security, protection, screening, dealing with conflict and ensure that conditions related to the use of the outside area are adhered to and that the dispersal policy for the premises is implemented.

 

6.  That when SIA are required they will be provided with hand held metal detection units in order to ensure that searches are carried out in respect of all admissions to the premises, whether members of the public or performers and their assistants and mechanical counting devices to ensure that the maximum accommodation limit of the premises is not exceeded.

 

7.  That alcohol is only to be served to customers that are seated and eating a substantial table meal and ancillary to that meal except Friday and Saturday’s after 22.00 and Sundays proceeding a bank holiday.  After 22:00 hours only customers who have ordered  a substantial meal shall be served alcohol.

 

8.  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. It should be designed, installed and maintained in compliance with the ICO CCTV Code of Practice.

 

9.  That at least one 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 on request of Police or council officer.

 

10.  That all empty glassware to be cleared at a frequency of 30 minutes or less.

 

11.  That an incident record is maintained and signed by the designated premises supervisor (DPS) on a weekly basis and is made available to police and council officers on request.

 

12.  That all staff are trained in their responsibilities under the licensing act 2003 and the signs of drunkenness 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.

 

13.  That customers shall use no outside area after 22.00 other than those who temporarily leave the premises to smoke a cigarette and no more than five people at any one time. The area should be clearly designated and a system in place to limit the number outside.

14.  That after 00.00 anyone that leaves to smoke in the designated area should be recorded or issued a pass indicating they are a re-admission and no one without such pass will be allowed back in.

 

15.  That a record book of banned individuals shall be kept and held by the SIA on duty at the front door and made available to police and council officers for inspection on request.

 

Reasons

 

The reasons for this decision are as follows:

 

The licensing sub-committee heard from the Metropolitan Police Service representative who advised that conditions had been agreed and with the licence holder.

 

The licensing sub-committee heard from licensing as a responsible authority representing the council who confirmed that the conciliated conditions addressed licensing concerns.

 

The licensing sub-committee heard from the environmental protection officer, supporting the review who confirmed that the conciliated conditions addressed licensing concerns, the officer requested that it be noted that there had been two complaints of entertainment noise from the premises on 2and 8 October 2016.  Regardless, no additional conditions were required to address noise nuisance.

 

The licensing sub-committee heard from the premises licence holder who advised that he was in agreement with the conciliated conditions.

 

The sub-committee considered all the written and oral evidence before it and concluded that conciliated conditions were appropriate and proportionate in order to address the licensing objectives.

 

Appeal rights

 

This decision is open to appeal by either:

 

a)  The applicant for the review

b)  The premises licence holder

c)  Any other person who made relevant representations in relation to the application  

 

Such appeal must be commenced by notice of appeal given by the appellant to the justices chief executive for the magistrates court for the area within the period of 21 days beginning with the day on which the appellant was notified by this licensing authority of the decision.

 

This decision does not have effect until either:

 

a)  The end of the period for appealing against this decision

b)  In the event of any notice of appeal being given, until the appeal is disposed of.

 

The interim steps will remain in place until either;

 

a)  The end of the period for appealing against this decision; or

b)  In the event of any notice of appeal being given, until the appeal is disposed of.