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

 

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

 

The public health officer addressed the sub-committee. Members had questions for the public health officer.

 

The sub-committee noted the written representation from the Dulwich Society.

 

All parities were given five minutes for summing up.

 

The meeting adjourned at 12.30pm for the members to consider their decision.

 

The meeting resumed at 1.10pm and the chair advised all parties of the decision.

 

RESOLVED:

 

That the application made by Chandni Restaurant Limited for a premises licence to be granted under Section 17 of the Licensing Act 2003 in respect of the premises known as Chandni Restaurant, 134A Thurlow Park Road, London SE21 8HN be granted as follows:

 

The sale of alcohol to be consumed on the premises	Friday and Saturday from 12:00 to 01:30 the following day
Late night refreshment	Friday and Saturday from 23:00 to 01:30 the following day
Opening Hours	Friday and Saturday 12:00 until 02:00

 

Conditions

 

1.  That a personal licence holder shall be on the premises and on duty at all times that intoxicating liquor is supplied.

 

2.  That there shall be no new entry to the premises after 00:00 on Friday and Saturday.

 

3.  That no beverages shall be taken outside of the premises.

 

4.  That customers shall use no outside area after 22:00 other than those who temporarily leave the premises to smoke a cigarette.  This shall be limited to five persons.

 

5.  That intoxicating liquor shall not be sold or supplied on the premises otherwise than to persons taking a substantial table meal (including buffets) and for consumption by such persons as an ancillary to their meal.

 

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

 

7.  That two SIA registered door supervisors will be engaged when the premises are in operation on Friday and Saturday.  They 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-admission to the premises, security, protection, screening, any anti-social behaviour related to patrons outside of the premises and dealing with conflict. At other times these engagements shall be the responsibility of the management on duty.

 

8.  That a CCTV system is installed at the premises and be maintained in good working order and 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 shall cover all areas within the premises including the outside area to the front in all lighting conditions.

 

9.  That all CCTV footage be kept for a period of 31 days and shall on request be made immediately available to the officers of the police and the council. There will be at least one person on duty at all times that is familiar with the operation of the CCTV and able to download the footage immediately upon request.

 

10.  That clearly legible signage will be prominently displayed at all patron exits, where it can easily be seen and read, requesting that patrons leave the premises in a quiet and orderly manner that is respectful to neighbours.

 

11.  That the accommodation limit for the premises shall not exceed 80 persons (excluding staff).

 

12.  That the written dispersal policy shall be kept at the premises and made available for inspection by authorised officers of the council or the police. All relevant staff shall be trained in the implementation of the policy.

 

Reasons

 

The reasons for the decision are as follows:

 

The licensing sub-committee heard from the applicant who explained the premises would operate as a “VQ style” restaurant and the extended hours would allow the premises to operate late night parties. It was not a nightclub, and was very much food led. The applicant then detailed the additional controls that would be in place if the variation application was granted.

 

The licensing sub-committee heard from licensingas a responsible authority who raisedconcerns that there was notime betweenthe lastsale ofalcohol andthe closingtime when patronsshould beleaving thepremises. This would encourage patrons to rush the consumption of alcoholic drinks at the same time of closing which can lead to antisocial behaviour problems when patron have left the premises. Thevariation of hours far exceeded those in Southwark’s statement of licensing policy and the application should be refused. If the licensing sub-committee were minded to grant the application, conditions had been agreed with the applicant.

The licensing sub-committee heard from the Metropolitan Police Service who advised that the premises were situated in a residential area. The police advised that the current operating hours were generous and exceeded the terminal hours (of 23:00) as stated in Southwark’s statement of licensing policy for a restaurant in a residential area. Thepolicy hoursassist inpremises complyingwith thelicensing objectivesand the premises had not provided a reason todeviate fromthe policy. In the event that the variation application was granted, the police advised that a number of conditions had been agreed with the applicant.

 

The licensing sub-committee heard from public health who advised that the premises was located close to a populated residential area and the increased noise from individuals consuming alcohol after 23:00 in a residential area would have an impact on the sleep of residents living around this premises. 

 

The licensing sub-committee noted the representation from the Dulwich Society that objected to the application.

 

The sub-committee noted that the premises are located in an area defined as a residential area in Southwark’s statement of licensing policy. However, having looked at the area plan, this licensing sub-committee is satisfied that the location is very much on the edge of the residential area and limited residents would be affected. The area is also not in a cumulative impact policy area.  On this basis, the licensing sub-committee is satisfied that sufficient controls are in place to promote the licensing objectives.

 

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.