Agenda item

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

The environmental protection officer addressed the sub-committee.  Members had questions for the environmental protection officer.

The legal representative for the applicant addressed the sub-committee.  Members had questions for the legal representative.

Neither of the parties requested time for summing up.

The meeting adjourned at 10.40am for the sub-committee to consider its decision.

The meeting reconvened at 11.08am and the chair advised everyone of the decision.

RESOLVED:

That a counter notice not be issued under Section 105 of the Licensing Act 2003 in respect of the temporary event notice (879741) served by Mr Francis Kpandeh in regards to an event to be held at Cool and Cozzy Lounge “The Flying Dutchman”, 156 Wells Way, London, SE5 7SY on 17 to 18 March 2023 from 12:00 to 01:00.

Conditions

1.  That all licensable activities will cease at 01:00 on 18 March 2023.

2.  That Mr Alfred Mansaray shall remain on premises during the operational period of the temporary event notice.

Reasons

This matter relates to a temporary event notice served by Mr Francis Kpandeh in relation to an event to be held at Cool and Cozzy Lounge “The Flying Dutchman”, 156 Wells Way, London, SE5 7SY on 17 to 18 March 2023 from 12:00 to 01:00

The licensing subcommittee had been informed that the premises user and the environmental protection team had conciliated after the premises user agreed to end all licensable activity by 01:00 on 18 March 2023 and that

Mr Alfred Mansaray will remain in charge and on the premises during the operational period of the TEN.

The licensing subcommittee heard from the legal representative acting for the event user.  She confirmed the agreement made with the environmental protection team and stated that if all goes well, further TENs requesting extended hours would be applied for in the future.

The sub-committee then heard from the environmental protection team’s officer.  After outlining his initial objections to the notice he went on to confirm that the matter had been conciliated and that he was content with the agreed conditions as they would help to promote the licensing objectives.

The sub-committee did not issue a counter notice as it was satisfied that the conciliated conditions would promote the licensing objectives and was content that the premises user and the responsible authority had come to a workable agreement which allowed the event to proceed.

In reaching this decision the licensing sub-committee considered all of the oral and written representations in addition to having regard of all the relevant considerations and the four licensing objectives.  It considered that this decision was appropriate and proportionate.

Appeal rights

Where the relevant counter notice under Section 105(3) is given the premises user may appeal against the decision.  Where counter notice is not given, the chief officer of the environmental protection team may appeal against that decision.  The appeal must be made to the Magistrates’ Court within a period of 21 days beginning with the day on which the applicant was notified by the licensing authority of the decision to be appealed against.  No appeal may be brought later than five working days before the day on which the event begins.