Agenda item

The legal representative for the applicant put forward their case that the sub-committee should disregard the information that had been circulated to all parties a day before the meeting.

 

The chair advised that fair consideration would be given to everything before the sub-committee.

 

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

 

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

 

The meeting adjourned at 11.52am for a comfort break.  The meeting then reconvened at 12.03pm.

 

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

 

The legal representative for the applicant also had questions for the police officer.

 

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

 

The legal representative for the applicant also had questions for the environmental protection team officer.

 

The licensing responsible authority officer addressed the sub-committee.  Members had questions for the licensing responsible authority officer.

 

The legal representative for the applicant had questions for the licensing responsible authority officer also.

 

Two other persons, objecting to the application addressed the sub-committee.  Members had questions for the other persons.

 

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

 

The meeting adjourned at 1.27pm for the sub-committee to consider its decision.

 

The meeting reconvened at 2.39pm and the chair advised everyone of the decision.

 

RESOLVED:

 

That the application made by George Nwachukwu for a premises licence to be granted under Section 17 Licensing Act 2003 in respect of the premises known as the Empire Lounge, Units 1 and 2, 777 Old Kent Road, London SE15 1NZ be granted as follows:

 

  Hours

 

Recorded Music	Sunday to Thursday 11:00 to 00:00 Friday and Saturday 11:00 to 02:00
Late Night Refreshment	Sunday to Thursday 23:00 to 00:00 Friday and Saturday 23:00 to 02:00
Sale by Retail of Alcohol (on premises)	Sunday to Thursday 11:00 to 00:00 Friday and Saturday 11:00 to 02:00
Sale by Retail of Alcohol (off premises)	Monday to Sunday 11:00 to 00:00
Operating Hours	Sunday to Thursday 11:00 to 00:30 Friday and Saturday 11:00 to 02:30
Non Standard Timings	On the following days, the permitted opening hours and hours permitted for licensable activities may be extended for an additional hour: ·  Thursday, Friday, Saturday and Sunday of the Easter weekend. ·  Friday, Saturday and Sunday of both May Bank Holidays and the August Bank Holiday. ·  From the end of permitted hours on New Year's Eve to the start of permitted hours on the following day.

 

 

 

 

 

 

 

  Conditions

 

The operation of the premises under the licence shall be subject to mandatory conditions, conditions derived from the operation schedule highlighted in section M of the application form and the conditions listed in the attached schedule of conditions.

 

  Reasons

 

This was an application made by Speedlink Services Ltd for a premises licence in respect of the premises known as The Empire Lounge Executive Lounge), Units 1 and 2, 777 Old Kent Road, London SE15 1NZ.

 

The licensing sub-committee heard from the representative for the applicant.  They advised that a considerable amount of late evidence had been produced by the responsible authorities, including 60 pages from licensing as a responsible authority and eight pages from the environmental protection team (EPT).  Although served in sufficient time for the hearing, the applicant’s representative described the late service of evidence as being an ambush and that members should give little or no weight to the new information submitted,

 

The applicant’s representative noted that the premises was not situated in a cumulative impact area (CIA).

 

Dealing with the objections from the responsible authorities, the police evidence showed that there has been no call-outs in the previous 12 months and on the balance of probabilities there was no crime and disorder connected with the premises.  The applicant would agree with all of the conditions that the police sought.

 

They advised that the applicant was looking to acquire the floor above the premises and put it to commercial use.  The EPT relied on a single complaint, which had been made by an illegal occupant (housed by another local authority).  There were no longer any residents living above the premises.  EPT had a duty of candour and their representation failed to mention two inspections where the premises was found to be compliant.  The sub-committee were asked not to make any finding(s) from the evidence served late by EPT.

 

Concerning the issue of parking raised by the residents, the applicant was satisfied that the residents were mistaken. This issue was not due to the patrons of the premises.  Anyone parking on Sylvan Grove would not be allowed entry to the premises.  The applicant would ensure that its website and social media advised customers to take public transport and that there was no parking at the premises.

 

The licensing sub-committee heard the Metropolitan Police Service who stated that the premises were in situated in a residential area and the hours sought far exceed those recommended in the statement of licensing policy (SoLP) for bar/restaurants insuch an area with nightclubs not being consideredappropriate in residential areas.

 

The officer explained that the control measures detailed in the operating schedule were not sufficiently robust for late opening hours in a residential area and if the licence were granted in its current format, it would have a negative impact on all of the licensing objectives, in particular that of the prevention of crime and disorder. A number of conditions had been recommended by the Metropolitan Police Service, which the representative for the applicant accepted.

 

 

The licensing sub-committee heard from the representative from the environmental protection team (EPT) who, like the Metropolitan Police Service, advised that the premises was located in a residential area and the hours sought exceeded the 23:00 (daily) closing time, recommended in the SoLP. 

 

The officer had no confidence in the management of the premises as it had been the source of a significant level of complaints, primarily relating to loud amplified music from the premises, in addition to the impact on residents of dispersal, from within the residential element of the mixed use building itself, and also residents on Sylvan Grove.

 

A statutory noise nuisance had been witnessed on 6 November 2022 and the operator was asked to turn down music. When officers attended the premises, on this date, the applicant advised that the speakers causing the nuisance had not been routed through the noise limiter, in breach of condition 366 on the current premises licence.  A warning letter was served on this occasion. 

 

A further statutory nuisance was witnessed on 12 November 2022 resulting in a Section 80 of the Environmental Protection Act 1990 abatement notice.  The notice was appealed but this was dismissed by the Crown Court.  The abatement Notice remained valid, live and enforceable.  To this, the applicant’s representative said that they would not contest the abatement motice further.

 

The officer for EPT referred to other breaches of the current premises licence.  They referred particularly to a breach on 16 November 2023 when the applicant informed a noise officer that he was operating without working CCTV (a breach of condition 340) and the premises was operating at 01:50, 50 minutes beyond its licensed hours and without a temporary event notice (TEN) in place. On this occasion the applicant was reported to accept he did not have a TEN in place and “couldn't shut down because the people don't want to leave”.

 

The officer for EPT concluded that granting a premises licence with the additional hours would likely undermine the prevention of public nuisance licensing objective.

 

The licensing sub-committee heard the officer representing licensing as a responsible authority who also objected to the grant of the application. Although the OldKent Road was an extremelybusy arterial road with constant traffic 24 hoursa day, the area was had a high-density of residential housing estates and blocks in the immediate and wider vicinity of the premises.

 

The SoLP identified the area as residential, where the recommended closing times for all types of premises as being 23:00.  The officer objected to the application, stating that late night/early morning alcohol sales and provision of regulated entertainment would undermine thepromotion thecrime anddisorder, publicsafety and the preventionof public nuisancelicensing objectives,and would bedetrimental tothe lives of local residents.

 

Although the premises described itself as a restaurant, the style of operation was moreakin to alate nightbar/nightclub, which was inappropriate in the locale.  Granting the application would mean extended hours every day of the week.This would lead to a high level of intoxication, with a higher risk of confrontationbetween customers, anti-socialbehaviorand crimeand disorder, in addition to noise escape from the premises, which would cause significant noise nuisance in the locale.

 

 

 

 

The licensing sub-committee heard from other persons 2 and 3.  Both other persons  objected to the application based on the extended hours seven days a week. They referred to sleeplessness suffered asa result ofthe noise in addition to the lack of dispersal, with patrons sitting on residents’ doorsteps, chatting loudly, smoking and drinking until 02:00.

 

During the discussion stage of the hearing, the other persons were appeased by the applicant’s amendment to the application that they now sought the extended hours only for Fridays and Saturdays.  The residents did however remain vocal that the parking issues on Sylvan Grove were due to the patrons of the premises.

 

The licensing sub-committee also noted the representation from other person 1 who was not in attendance at the hearing.

 

Although members recognised the other persons complaints of parking of patrons of the premises on Sylvan Grove, other businesses do utilise buildings nearby, and their patrons may be parking there.  Licensing are asked to make enquiries to the CCTV team about the possibility of  a camera being installed on Sylvan Grove to monitor the residents parking concerns.  This would enable the ongoing parking issues, if identified by CCTV to be referred to the parking team for enforcement purposes.

 

In light of the amended application and the verbal representations, the licensing sub-committee were satisfied that the conditions would address the concerns raised and granted the licence.

 

In reaching this decision, the sub-committee had regard to all the relevant considerations, the public sector equality duty 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.

 

Schedule of Conditions

 

1.  That a digital CCTVsystem shall beinstalled at thepremises, shall bemaintained in fullworking order and shallbe continually recording at alltimes that the premises are in use. The CCTV system must be capable of capturing a clear facial image of every person who enters the premises in alllighting conditions. The CCTV system shall be correctly time and date stamped at alltimes. The CCTV system shall cover all interior andexterior areas of thepremises, including thefrontage ofthe premises, and shall collect clearly defined / focused footage. That allCCTV footage shall be kept for a period of thirty one (31) days and shallbe made immediately available to Police and responsible authority officers on request.

 

2.  That a member of staff shall be on duty at all times that the premises are in use, whois trained inthe useof theCCTV system andwho isable toview, and download toa removable storage device, CCTV footage atthe immediate request of Police and responsible authority officers.

 

3.  That clearly legiblesignage shallbe prominently displayed whereit caneasily be seen and read by customers advising tothe effect that CCTV is inoperation at the premises.The signage shall be kept free from obstructionsat all times.

 

4.  That all relevant staff shall be trained in their responsibilitiesunder the Licensing Act 2003, the promotion of the licensing objectives and the terms and conditions of thislicence. Records pertaining tosuch training ('thestaff training logs')shall bekept at the premises, shall be updated every 6 months and shall be made immediately available to responsible authority officers on request. The training logs shallinclude the trainee's name (in block capitals), the trainer's name (in block capitals), the date(s) of training and a declaration that the training has been received and understood by the trainee. If the staff training logs are a paper hardcopy then the signature of the trainee, the signature ofthe trainer shall be included.That all Digital records of training and/or logs shallbe made immediately available to Police and responsible authority officers on request.

 

5.  That clearlylegible signsshall beprominently displayed where theycan easilybe seen and read by customers at all exits from the premises, requesting that:

 

a.  Customers leave thepremises and areain aquiet andorderly manner.

 

b.  Entry will notbe permittedto patrons whouse Sylvan Road toeither park, drop off or collect by private or hackney carriage vehicles.

 

c.  Customers donot consumealcoholic drinksbought atthe premisesin thevicinity of the premises. Such signs shall be maintained free from obstruction when the premises are in use in accordance with this licence.

 

6.  That relevant membersof staffshall receive firstaid trainingand anappropriate number of persons trained infirst aid shall be on the premises at alltimes the premises are in operation.

 

7.  That on each day of theweek members of staff shall clear away any litter arising from theoperation of thepremises, left inthe immediate vicinityof thepremises, when premisescloses.

 

8.  That the sound level of music played at the premises shall be monitored regularly to prevent music played at the premises from causing noise nuisance.

 

9.  That the sound level ofmusic played atthe premises shallbe controlled atall times solely bythe manager, DPS,or other person nominated by themanager or DPS.

 

10.  That allexterior doors at thepremises shall bekept closed during the provision ofany regulated entertainment except for immediate/emergencyaccess and egress to and from the premises.

 

11.  That all windows at thepremises shallbe keptclosed during the provision ofany regulated entertainment.

 

12.  That when taxis are ordered for customers for the collection of customers from the premises staff members shall instruct thetaxi service toinstruct the taxi services drivers notto sound thedriver's car horns outside thepremises, but toapproach the premises in personand verbally(without raisedvoices) alert staffthat thedrivers are at the premises to collect customers.

 

13.  That the details of localtaxi firmswill bedisplayed and kept atthe premises and provided to customers on request.

 

14.  That a minimum of two (2)SIA registered door supervisors will be employed at the premises at all times after 22:00 on Friday, Saturday.They will be employed to control entry tothe premises, to deal with the searching / scanning of customers, todeal withany anti-social ordisorderly behaviour at thepremises, to de­ escalate confrontations,to assist with emergency escape from the premises,to deal with theejection of people from the premises, to assist managementin liaising with the policeregarding instances of crime and toassist with ensuring thatthe premises' dispersal policy is adhered to. When deployed,they shall remain at the premises until allpatrons have vacated the premises and until at least 30 minutes after the premises close. The door supervisors shallbe easily identifiable by hi-visibility garment.

 

15.  That a minimum of one (1) SIA registered door supervisor willbe employed at the premises at all times after 22:00 on a Sunday to Thursday when the terminal hours arebeyond midnight. They will be employed tocontrol entry to the premises, to deal with thesearching / scanning of customers, to dealwith any anti­ social or disorderly behaviour atthe premises, to de-escalate confrontations, to assist with emergency escape from thepremises, to dealwith the ejection ofpeople from the premises, to assist managementin liaising with the police regarding instances of crime and to assist with ensuring that the premises'dispersal policy is adhered to. When deployed,they shall remain at the premises until allpatrons have vacated the premises andits immediatevicinity. Thedoor supervisors shallbe easily identifiable by hi-visibility garment.

 

16.  The security personnelshall beequipped with mechanicalcounting devices to ensure that the maximum accommodationlimit of the premises is not exceeded.

 

17.  That a minimum ofone SIAregistered doorsupervisor shall wear abody worn video camera and allfootage is to be made available to police or responsible authority officers upon request.

 

 

 

18.  That any individual carryingout securityactivities atthe premisesmust be:

 

a.  authorised tocarry outthat activityby alicence granted underthe Private Security Industry Act 2001; or

b.  entitled to carryout thatactivity byvirtue ofsection 4of thatAct.

 

19.  That the SIA registered door supervisors shallat thetime ofthe venueclosing, encourage the patrols to disperse from the local area of the venue quietly and prevent any anti-social behaviour.

 

20.  That an entry policyshall bedevised and maintainedat thepremises. Acopy of the entry policy shallbe kept atthe premises with thepremises licence and shall be made immediately available for inspection toall responsible authority officers on request. That all digital records of training and/or logs shall be made immediately available to responsible authority officers on request. The entry policy shall cover (but not necessarily be limited to):

 

i.  Safe customer entryto thepremises,

ii.  If/when applicable searching/scanning of attendees,

iii.  The barring ofcustomer entryto thepremises forany reason,

iv.  Restricted items(e.g. weapons Idrugs orany otheritems restricted bythe licensee),

v.  Pre-openingsafety checks ofthe premises,

vi.  Dealing with overcrowdingand /or crowdsurges

vii.  Dealing with suspectpackages.

 

21.  That an incident book/incidentrecording system shall bekept atthe premisesto record details ofany ofthe followingoccurrences atthe premises:

 

i.  Instancesof anti-socialor disorderlybehaviour orViolence

ii.  Calls to the policeor firebrigade

iii.  Abuse of staffand/or customers

iv.  Ejections of peoplefrom thepremises

v.  Visits to thepremises bythe localauthority, policeor firebrigade

vi.  Refused sales of alcohol

vii.  Any malfunction inrespect ofthe CCTV system

viii.  Any other relevant incidents.

 

Theincident book/incident recording system shallrecord thetime, date,location, and description of each incident as well as theprinted name of the person reporting the incident and any action taken inrespect of the incident. The incident book/incident recording system shall be available and accessible at the premises at alltimes that the premises are in use inaccordance with this licence and shallbe made available immediatelyto Police and responsible authority officers upon request. A record of the preceding 12 months' incidents shallbe available at the premises at any time.  All digitalrecords oftraining and/or logsshall bemade immediately availableto police and responsible authority officers of the council on request.

 

22.  That if a Pubwatch scheme exists in respect of the local area, then the licensee/ management willjoin and participate inthe Pubwatch scheme (detailscan be obtained from Southwark Police Licensing and the night time economy team).

 

 

 

23.  That the premises must have a welfare and vulnerability policy and all staff must receive this training. All new staff must receive this training before starting their role and all staff must have refresher training every 12 months. All training must be recorded and these records must be available on immediate request by responsible authority officers. That all Digital records of training and/or logs shall be made immediately available to Police and responsible authority officers on request.

 

24.  That the venue shall support "Ask for Angela" or another similar safety initiative and posters shall be displayed on the premises. All staff shall be trained in "Ask Angela" or a similar safety initiative and a record of this training shall be kept on the premises and made available for inspection immediately to responsible authority officers upon request. That all Digital records of training and/or logs shall be made immediately available to Police and responsible authority officers on request.

 

25.  That customers shall use no outside area other than those who temporarily leave the premises to smoke with no more than eight(8) people permitted to smoke at one any time. The area should be clearly marked by rope/post barrier system so as not obstruct the highway. The Staff and/or SIA registered door supervisors shall instruct customers to stay within the designated area and the area will be controlled by Staff and/or SIA registered door supervisors to prevent any disturbance to their neighbours.

 

26.  That a zero-tolerance drugs and weapons policy shall be undertaken at the premises:

 

a)  Anybody found with/ using drugs and/ or weapons will be ejected from the premises and shall not be admitted to the premises again.

b)  The details of any person found dealing drugs or using weapons will be taken (if possible) and given to the police.

c)  Any person who is suspected of having drugs on their person will be asked to consent to a search, and should they refuse the search that person shall be ejected from the premises.

27.  That clearly legible signage shall be prominently displayed where it can easily be seen and read by customers in the toilets advising to the effect that the taking of illegal drugs will not be tolerated at the premises.

 

28.  That staff shall regularly monitor the premises' toilets to ensure that they are in a clean and sanitary condition, that no prohibited and/ or illegal activities are taking place in the toilets and to check customer safety.

 

29.  That a challenge 25 scheme shall be maintained requiring that staff selling or delivering alcohol request that any customer who looks under 25 years old, and who is attempting to purchase or take receipt of alcohol, provides valid photographic identification proving that the customer is at least 18 years old. Valid photographic identification is composed of a photo driving licence, passport, UK armed services photo ID card, any Proof of Age Standards Scheme (PASS) accredited card (such as the Proof of Age London (PAL) card) or any age verification card accredited by the Secretary of State.

 

30.  That all staff involved in the sale of alcohol shall be trained in the prevention of sales of alcohol to underage persons (including the prevention of 'proxy sales') and the challenge 25 scheme in operation at the premises. Details of such training,including the printed name(s) of the trainee(s) and the date(s) that the training was given, shall be recorded in the staff training logs at the premises and be made immediately available for inspection at the premises to council and I or police officers on request.

 

31.  That clearly legible signs shall be prominently displayed where they can easily be seen and read by customers stating to the effect that a challenge 25 policy is in operation at the premises, that customers may be asked to provide proof of age and stating what the acceptable forms of proof of age are. Such signage shall be displayed at all entrances, points of sale and in all areas where alcohol is displayed for sale. The signage shall be kept free from obstructions at all times.

 

32.  That a register of refused sales of alcohol shall be maintained in order to demonstrate effective operation of the challenge 25 policy. The register shall be used to record details of all refused sales of alcohol. The register shall be kept/ be accessible at the premises at all times. If the refusals register is a paper document then it shall be clearly and legibly marked on the front cover as a register of refused alcohol sales, with the address of the premises and the name of the licence holder. The register shall be made immediately available for inspection at the premises to council or police officers on request.

 

33.  That all alcohol supplied for consumption after 01:00 shall be decanted into either polycarbonate, recyclable plastic, or recyclable paper-based material.

 

34.  That alcohol shall not be sold or supplied for consumption on the premises otherwise than to persons taking substantial table meals and for consumption by such persons as ancillary to their meal.

 

35.  That a dispersal policy to assist with patrons leaving the premises in an orderly and safe manner shall be devised and maintained regarding the premises. A copy of the dispersal policy shall be accessible at the premises at all times that the premises are in operation. The policy should include (but not necessarily be limited to) the following:

 

  i.  Details as to how customer/ staff egress at the premises shall be managed to minimise causing nuisance.

  ii.  Details of public transport in the vicinity and how customers will be advised in respect of it.

  iii.  Details of the management of taxis to and from the premises.

  iv.  Details of the management of any 'winding down' period at the premises.

  v.  Details of the use of security and stewarding in respect of managing customer dispersal from the premises.

  vi.  Details of any cloakroom facility at the premises and how it is managed.

  vii.  Details of road safety in respect of customers leaving the premises.

  viii.  Details of the management of ejections from the premises.

  ix.  Details as to how any physical altercations at the premises are to be managed.

  x.  Details of how refuse I waste in the local vicinity arising through the operation of the premises will be cleared up (e.g. flyer clean up, post event clean up).

 

All relevant staff employed at the premises shall be trained in the latest version of the dispersal policy. Details of such training, including the printed name(s) of the trainee(s) and the date(s) that the training was given, shall be recorded in the staff training logs at the premises. If the dispersal policy is a paper document then the signature of the trainees shall also be included. The dispersal policy shall be made immediately available to responsible authority officers on request. That all Digital records of training and/or logs shall be made immediately available to responsible authority officers on request.

 

36.  That thereshall beno entryor re-entry permitted after 00:00 onSunday to Thursday and01:00 onFriday andSaturday savefor thosetemporarily leaving the premises to smoke.

 

37.  That thereshall be nosales of alcoholor food forconsumption off thepremises after 23:00 Sunday to Thursday or after 00:00 on Friday and Saturday.

 

38.  That thereshall be noexternally promotedevents, including DJ's.

 

39.  That any 'off sales'of alcoholshall beprovided in sealed containers tobe takenaway from the premises.

 

40.  That there shall be no deliveries or off sales after 00:00.

 

41.  That an additional SIA security officer shall be employed by the premises from 21:00 hours whenever he premises is open beyond 00:00 hours until 30 minutes after the terminal hour to be positioned on the corner of Old Kent Road and Sylvan Grove to ensure patrons parking on Sylvan Grove is not permitted entry to the premises and dispersal of patrons managed efficiently.

 

42.  That a telephone number for management shall be made available to local residents.