Agenda item

The licensing officer began by confirming in response to the additional information received from the applicant which had been circulated to the licensing sub-committee in advance to the meeting, the metropolitan police withdrew their representation as a consequence of receiving the additional (supportive) information from the applicant.

The licensing sub-committee noted from the licensing officer that late evidence was received from the objector however it was not deemed to be appropriate to be put before the licensing sub-committee and therefore the licensing sub-committee were advised to make a decision on the papers they had received..

The licensing officer then presented their report and answered all questioned raised by the licensing sub-committee.

The applicant addressed the licensing sub-committee and answered their questions.

All parties were given up to five minutes for summing up.

The meeting adjourned at 12.50pm.

The meeting reconvened at 2pm.

RESOLVED:

That the application made by Lendlease (Elephant & Castel) Retail Ltd for a premises license be granted under the Licensing Act 2003 in respect of the premises known as Sayer Street, Elephant Park, London SE17 1FY.

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 conditions agreed with the Metropolitan Police Service and trading standards during the conciliation process and the following additional conditions agreed by the sub-committee:

1.  That the time limited premises licence is for a fixed term of 12-months and in any event ends on 30 September 2021.

Reasons

The licensing sub-committee heard from the applicant who stated that the application was for a grant of a time limited premises licence which was in response to Government restrictions on COVID19, a temporary use for 12 months, supplemental to the premises licences for Bobo Social (No.870625), KOI Ramen Bar (No. 869464), pot & Rice (No. 870477) and The Tap Inn (No.) 868499 with external seating.  It would also allow consistency between the premises on Sayer Street, including for those premises still subject to provisional statements, awaiting them premises being tenanted and full premises licences being granted.

The licensing sub-committee noted the representation from the local objector, who was not present at the meeting.  Additional supporting evidence had been received from the objector, but had been received too late to be included as evidence before the Sub-Committee as it had not been agreed by all parties in accordance with regulation 18 of The Licensing Act 2003 (Hearings) Regulations 2005.

The premises on Sayer Street are all located directly below residential premises.  To accommodate patrons in accordance with the on-going government restriction on COVID19, provision for drinking/eating is required to be made available outside.  Because the applicant is the owner of the land identified in the plan of the area, a pavement licence (for outdoor seating) application under the Highways Act 1980 could not (legally) be made.  As a result, this premises licence application was made extending the licensed area to beyond the premises themselves, but also, areas in what appears to be an open space/park.

The licensing sub-committee were concerned with the amount of public realm being taken up by the extension of the licensed premises, albeit on a time limited basis.  The applicant was reminded that the necessary planning permissions are required to be in place prior to taking advantage of the outside areas identified in their application.

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.

The meeting ended at 2.06pm.