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 responsible authority officer addressed the sub-committee.  Members had no questions for the licensing responsible authority officer.

 

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

 

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

 

The meeting adjourned at 10.58am for the sub-committee to consider its decision.

 

The meeting reconvened at 11.33am and the chair advised all parties of the decision.

 

RESOLVED:

 

That the application made by Mr Hafiz Waqas for a premises licence to be granted under Section 17 of the Licensing Act 2003 in respect of the premises known as Shishlique, 326 Walworth Road, London SE17 2NA be granted as follows:

 

Hours

 

Opening Hours

 

Sunday to Thursday: 11:00 to 00:00

Friday and Saturday: 11:00 to 01:00

 

Late Night Refreshment (Restaurant)

 

Sunday to Thursday: 23:00 to 00:00

Friday and Saturday: 23:00 to 01:00

 

Late Night Refreshment (Takeaways)

 

Sunday to Thursday: 23:00 to 01:00

Friday and Saturday: 23:0 to 02:00

 

Alcohol (On Sales)

 

Monday to Sunday: 11:00 to 23:00.

 

 

 

Conditions

 

The operation of the premises under the licence shall be subject to relevant mandatory conditions, any conditions derived from the operating schedule in Section M of the application form, conditions conciliated with the responsible authorities during conciliation and the following conditions imposed by the licensing sub-committee:

 

a.  That there be a maximum of capacity of 26 people, excluding staff.

 

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

 

c.  That alcohol shall be sold ancillary to a substantial table meal.

 

d.  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.

 

e.  That All CCTV footage be kept for a period of 31 days and shall on request be made immediately available to officers of the police and the council.

 

f.   That all members 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.

 

g.  That all delivery drivers shall park on Walworth Road.

 

h.  That external waste handling, bottling, collections, deliveries and the cleaning of external areas shall not take place between the hours of 20:00 and 08:00.

 

i.  That one SIA officer shall be on duty on any day when the premises is open after 01:00.

 

Reasons

 

The licensing sub-committee heard from the applicant who explained that he had other restaurants that formed part of the Shishlique chain. The main restaurant was located in Kensal Rise. The premises would be food led, selling a limited alcohol menu of wine and beer.  No super strength alcohol would be served and service of alcohol would be with a meal only.  The applicant also agreed that he would stop serving alcohol at the time as suggested by the responsible authorities. 

 

The applicant advised that without social distancing in place, the premises could accommodate a maximum of 26 people, not including staff.  The applicant agreed that alcohol would only be consumed on the premises.

 

The licensing sub-committee heard from the officer representing licensing as a responsible authority who advised that the premises was situated in the Elephant and Castle major town centre area and under Southwark’s statement of licensing policy 2019 - 2021 the appropriate closing times for restaurants and cafes was 00:00 (Sunday to Thursday and 01:00 (Friday and Saturday).They advised that the appropriate closing time for takeaway establishments was 00:00 (Sunday to Thursday) and 01:00 (Friday and Saturday). The applicant sought opening hours far in excess of the policy recommendations and provided no reasoning to divert from them, particularly when the operating schedule did not adequately address the licensing objectives.

 

The licensing sub-committee heard from the Metropolitan Police Service who objected to the granting of the licence on the grounds of public nuisance, crime and disorder licensing objectives.  The officer also stated that there was no reason to deviate from the recommended hours set out in Southwark’s statement of licensing policy.  There was a number of premises providing a takeaway service and which in turn attracted groups congregating causing anti-social behaviour and street drinking.

 

In the discussions stage of the meetings, it was explained to the applicant that the London Borough of Southwark had declared a climate emergency and would therefore expect that businesses would comply with The Environmental Protection (Plastic Straws, Cotton Buds and Stirrers) (England) Regulations 2020 and would refrain from using single use plastics where possible, which the applicant was agreeable to. In the circumstances, The members were satisfied with the controls in place and that a premises licence should be granted.

 

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.