Agenda item

The licensing officer presented their report.  Members had questions for the licensing officer.

 

The environmental protection officer confirmed that they had now withdrawn their representation.

 

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

 

The other persons objecting to the application also had questions for the applicant and their representative.

 

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

 

The ward councillor objecting to the application addressed the sub-committee.  Members had no questions for the ward councillor.

 

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

 

The meeting adjourned at 1.12pm for a comfort break.

 

The meeting reconvened at 1.30pm.

 

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

 

The meeting adjourned at 2.03ppm for the sub-committee to consider its decision.

 

The meeting reconvened at 3.00pm and the chair advised everyone of the decision.

 

RESOLVED:

 

That the application made by El Vacilon De Esquina Limited for a premises licence to be granted under Section 17 Licensing Act 2003 in respect of the premises known as El Vacilon De Esquina, Basement and Ground Floor, 58a Camberwell Church Street, London SE5 8QZ be granted as follows:

 

Hours

 

The provision of regulated entertainment in the form of live and recorded music (indoors):	Sunday to Thursday from 11:00 to 22:30 Friday and Saturday from 11:00 to 23:30
Late Night Refreshment (indoors)	Friday and Saturday from 23:00 to 23:30
Sale by Retail of Alcohol (on sales only)	Sunday to Thursday from 11:00 to 22:30 Friday and Saturday from 11:00 to 23:30
Operating Hours	Sunday to Thursday from 09:00 to 23:00 Friday and Saturday from 09:00 to 00:00

 

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 El Vacilon De Esquina Limited for a premises licence to be granted in respect of the premises known as El Vacilon De Esquina – Basement and Ground Floor, 58a Camberwell Church Street, London SE5 8QZ.

 

The licensing sub-committee heard from the representative for the premises who confirmed that the applicant had consulted with both the police and the environmental protection team (EPT).  The application in its original form intended to create a fresh exciting environment for all the residents in Camberwell. Although the applicant wanted to introduce a unique premises into the local retail environment in the best possible way, after considering all of the objections it was clear the applied for late hours were an obvious issue.  The applicant recognised this and was aware that the premises was situated in a cumulative impact area (CIA), requiring additional controls. It was the intention of the applicant to have a positive impact in the Camberwell area.

The applicant was agreeable to assimilate the hours as per those of the Dutchie licence. The applicant was also happy to conciliate the police and EPT conditions to promote the licensing objectives, even though the conciliated conditions meant aadditional costs for the business in employing more staff etc. The cost of running a restaurant in London was very high and because restaurants make more money in the evenings/night, the application was amended to bring forward the opening hours to take account of the earlier closing hours.  No licensable activities would take place until 11:00.

 

Currently, the business had one personal licence holder, but the other two business owners were in the process of obtaining their personal licences, so eventually there would be three personal licence holders in total.

 

The premises would be food led and there was no other Latin American food establishment in the immediate area. The premises had seven fixed seating arrangements on the ground floor and currently, none in the basement. The kitchen facilities were located in the basement.  The Applicant want to operate as a normal restaurant, giving local residents a different food offering.

 

The business concept initiated in Spain, where the applicant had operated a licensed premises.  The location was specifically identified because an establish business was already running.  The strategy was to follow the same structure as the previous business (the Dutchie), to avoid going into fitting out the full place in addition to acquiring any planning permissions.

 

The premises had tried its best to connect with residents. There would also be a restaurant manager on site who would welcome conversations with any residents.  A website was also being designed, making it easier for local residents to raise concerns directly. A poster saying the same would be erected. 

The applicant recognised that there had been an issue with the disposal and collection of waste and had previously employed a private company for its rubbish collection. It was noted by members, that despite of a new company being appointed, the rubbish issues continued as recently as the weekend of 26 April 2024.  To this, the representative for the applicant explained that it was likely to be a bedding-in issue, and although the situation would be monitored, it was anticipated that this would shortly stop altogether.

 

Members were perturbed by this, given that the applicant had conciliated with EPT with a condition that collections should take place between 08:00 and 20:00 and by way of good faith, should have implemented the spirit of the condition already.

 

The representative for the applicant was aware of Southwark’s statement of licensing policy (SoLP), but was not aware of the policy within it concerning single use plastics.  The applicant’s representative stated that they would endeavor not to have them.

 

There was considerable discussion regarding TENs and the hiring of the premises for events under them.  The “events” would be for parties and other such celebrations. There was no intention to have these events every weekend, but in order for the business to be viable, the premises would utilise the TENs regime as it was permitted to do, to allow it the premises to stay open a little bit longer than its licensed hours.

 

The sub-committee questioned the representative for the applicant about the use of the rear doors which appeared to be at the rear of the commercial premises.  If the premises was to operate as a restaurant, it would be expected that customers and passing trade would be invited to enter via the Camberwell Church Street entrance, rather than Camberwell Grove as Camberwell Grove was a largely residential street. 

 

It was confirmed that the primary entrance for the restaurant was on Camberwell Church Street; there was no necessity using the Camberwell Grove door.  The applicant indicated that the Camberwell Grove door may be used if an event was in operation, but under the premises licence, it would only be the front door (on Camberwell Church Street).
The licensing sub-committee heard from licensing as a responsible authority (LRA) who stated that there was already a premises licence in place at the premises that could have been transferred if the licensee had consented. If the transfer had occurred, the applicant could have operated under exactly the same conditions set out in the existent premises, but that had not occurred. 

 

The officer stated that in its current form, the proposed amended application did not sufficiently address the licensing objectives.  A schedule of conditions had been sent to the applicant, but they had not been agreed to, therefore, the LRA we unable to withdraw its representation. 

 

Despite conciliation with the police and EPT, the LRA was of the opinion that the conciliated conditions did not go far enough and there was still a negative effect on the cumulative impact of licensed premises in the Campbell CIA.  The officer added that the earlier opening hours for the premises were unlikely to have an effect on the Camberwell CIA. 

 

The officer added that any recyclable waste that could not fit into external waste receptacles should be stored in a designated internal refuge storage area until it was due for collected until immediately prior to collections and thereafter, the waste receptacles must be brought back to their designated locations immediately after refuse has been collected.

 

The licensing sub-committee heard from the ward councillor, who informed the sub-committee between the 1970s until the late 1990s, there premises was a small jazz club that didn't cause any problems, there was no anti-social behaviour.  From the late 1990s to date, there had been a series of night clubs that had caused a lot of noise and disturbance to local residents. When the application from the previous premises, the Dutchie was made, vigorous representations were made to the sub-committee and very strict conditions were imposed. If the application were to be granted, it was imperative that the Dutchie conditions be carried over to this licence.

 

Having spoken to many local residents, the ward councillor said that the applicant had made a poor impression with its neighbours and the local community during the operation of the TENs.  Residents had genuine concerns about the premises and in responses to questions, the applicants didn’t appear fully prepared to take on the full responsibilities.  Regardless of conciliation with some of the responsible authorities, the premises still gave cause for concern.

 

The licensing sub-committee heard from the Vice Chair of the Camberwell Society (other person E) who also was strongly in favour of all of the Dutchie conditions being carried over to the El Vacilon De Esquina licence, if granted. Other person E also stressed that the sub-committee should heed the additional concerns regarding waste and waste management.

 

It had been expressed to the Camberwell Society that despite the application the applicant had not displayed any neighbourly concern until very recently proposing a general meeting for residents; it would have been helpful if these had taken place during the consultation period.  It would also be useful for regular meetings between the premises and residents too place in future.  This would allow the Camberwell Society to then disseminate information to its members.

 

The licensing sub-committee heard from then heard from other persons U who stated that they had no faith in the applicant’s ability to comply with any conditions imposed; to date, they had failed to do so.

 

Other person A said that they had no objection to a restaurant, but strongly objected to there being any kind of music venue. The rope barrier and the impression that the premises is a club, rather than a restaurant which completely blocked the pavement.  The business was ill-suited to the location and referred to ongoing traffic issues. The premises had failed to consider its neighbours and the council already appeared to struggle to monitor and enforce licence conditions. The concerns of refuse collection affected a very heavily populated residential area and needed to be managed on daily basis.

 

Other person F stated that although the applicant said that the premises would operate as a restaurant, it was not. The Spanish for “El Vacilon” meant “massive party”. The logo for the premises was more suited to a nightclub operation and the applicant had originally applied for club hours. The TENs had operated every weekend, with club hours.  It was apparent the applicant would renew its application for club hours in the future.

 

The chair of Mary Datchelor Residents Association (Other person R) stated that the location of the premises was not a place for a late night or a music venue.  The area was residential area and the premises was having a negative impact in the local community.  If the application was granted, it would cause a huge disturbance to the local residents and young families.

 

Other person K referred to cumulative impact.  The previous licence holder had not operated for several years, so the applicant’s operation would have a negative impact in terms of cumulative impact, if it were a restaurant or a nightclub.

 

Camberwell already had an incredible night time economy and the application was a ruse or precursor for a nightclub or late night events venue.  To date, there was every indication that the premises would be a badly run late night music establishment and the conciliated conditions were unrealistic.

 

Other person K lived above the premises and the building had fragile foundations and they were struck with an incredibly noticeable bass permeating the walls of the building.  Having visited the basement of the premises, there was a nightclub set-up, with the installation of a speaker system crudely attached to the wall.  The permeation of the music and vibration, turned the whole building turn into a speaker until as early as 02:00.  The collection of rubbish remained an ongoing issue. 

 

Other Person Q reminded the sub-committee that the applicant had attempted to open the premises without a licence being in place and while there had been discussion of the licence conditions for the Dutchie, it never operated with live music.  Waste disposal continued to be an issue and no waste disposal contract was entered into until 15 April 2024 and when the premises was open prior to this, rubbish/waste was fly-tipped on the street, resulting in the premises allegedly receiving a fixed penalty notice.

 

The licensing sub-committee noted the representations from 19 other persons who were not in attendance at the hearing.

 

In considering the application, the sub-committee were concerned of the applicant’s and their representative’s working knowledge of the premises:

 

1.  There had been virtually no dialogue between the Applicant and the residents.  In order for the premises to operate successfully, the sub-committee wished to impress upon the premises the open dialogue with the premises.

 

2.  Both EPT and the police conciliated with the applicant, yet the applicant appeared not to understand some of the conditions they agreed to (e.g. waste disposal/collection, signage, and restaurant condition).  The premise are expected to have detailed knowledge and understanding of its licence conditions and its responsibilities under the Licensing Act 2003.

 

3.  Waste management was an ongoing issue.  The sub-committee has given the premises the benefit of the doubt, with this being a bedding-in period. Members demanded an improvement in this was needed immediately. 

4.  Members enquired on the feasibility of having the Camberwell Grove door/entrance be alarmed.  The applicant’s representative said that these doors had previously been used during TENs events, but there was no reason for their use except for emergencies, loading and the daily removal of rubbish.  There was no reason why the Camberwell Grove doors could not be alarmed at all other times.  It then transpired that the Camberwell Grove doors were the residents’ only access to their homes.  

 

5.  During the informal discussion stage of the hearing, the applicant’s representative stated that the sound system installed was not to a nightclub specification and therefore a noise limiting device would not be required.  It is not believed that the Applicant’s representative is an acoustic expert and therefore, not qualified to make the assumption.  Without an acoustic report, the sub-committee felt it important that a noise limiter be set appropriately and not capable of adjustment by anyone other than an acoustic expert.  Notwithstanding this, this licensing sub-committee wish to express that the location was unsuitable for any nightclub of late night music venue.

 

6.  The applicant agreed that the speakers in the basement would be removed from the wall and placed on acoustic mats on the floor to further limit noise emanating through the walls of the building.  The applicant’s response to this was that the building was old, noise would vibrate and this was more of a planning issue. The Applicant is referred to paragraph 102 of Southwark’s statement of licensing policy 2021-2026:

 

“This Authority notes that Guidance supports ‘where businesses have indicated, when applying for a licence under the 2003 Act, that they have also applied for planning permission or that they intend to do so, the Licensing Sub-Committee and Officers may consider discussion with their planning counterparts prior to determination with the aim of agreeing mutually acceptable operating hours and scheme designs”.

 

There was a lot of discussion of the events taking place at the premises under TENs, which the applicant’s representative stated would made the business viable and sustainable. 

 

For the benefit of residents, TENs are a separate regime to that fall outside the premises licence.  In summary, TENs are required when there are less than 500 people at all times (including staff) and last no more than 168 hours (seven days). 

 

A TEN is needed for each event held at the premises that operate beyond the premises licence hours.  El Vacilon De Esquina as a premises can have a maximum of up to 15 TENs in one year, as long as the total length of the events is not more than 21 days.  There must also be at least a 24 hour gap between them separate but consecutive events.

 

Because only the Police and EPT can object to TENs, to alert residents, it is recommended that the premises advertises when events/TENs are due to take place on their website, by poster erected in the premises windows and at resident meetings in the future.

 

Finally, residents are reminded that they have a right to call a review of a premises licence, which ultimately could result in a premises licence being revoked. The sub-committee acknowledges that the reporting of issues can be time-consuming, but residents have first-hand experience of the operation of premises and the licensing authority rely on residents as the eyes and ears when it comes to the compliance of premises licence.

 

Finally, the licensing sub-committee are satisfied that with the additional licence conditions imposed and upon the lapse of the premises licence for the Dutchie (which is expected in or around June 2024 when the annual licence fee is due), the premises will not add further to any cumulative impact.

 

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

 

This schedule of conditions incorporates the current licence conditions, those conditions conciliated with the Metropolitan Police Service and the environmental protection team, those conditions recommended by licensing as a responsible authority and conditions recommended by the licensing sub-committee.

 

Any conditions recommended by any responsible authority not included in this Schedule has been duplicated by another responsible authority and the wording of the condition preferred by the licensing sub-committee has been used.

 

Final Conditions

 

1.  That no drinks or glassware are permitted outside at any time.

 

2.  That except for emergencies, customers shall only enter and exit the premises via the doorway on Camberwell Church Street.

 

3.  That the sale of alcohol shall cease at least 30 minutes before the premises’ closing time, as stated elsewhere in this licence, on each day.

 

4.  That the premises will operate a zero tolerance policy on all disorder, bad behaviour and drugs; where perpetrators will banned from the premises.

 

5.  That if aPubwatchscheme existsin respectof thelocal area,the licensee/management shall join and participate in the Pubwatch scheme.

 

6.  That any 3rd parties/ membersof thepublic usingthe premisesfor apromoted orprivate eventmust completea venuehire agreementwith thepremises licenceholder. Thevenue hireagreement shallinclude thefull nameand addressof thehirer, copyof validphoto identificationof thehirer (kepton filein accordancewith dataprotection requirements),the hirer’ssignature andthe datethat thevenue hireagreement hasbeen signed.The venuehire agreementshall includeall ofthe licensee’sterms ofhire. Suchagreements shallbe kepton filefor 6months fromthe dateof theevent andbe madeimmediately availableto responsible authorityofficers onrequest.

 

7.  That there shall be no events held which are organised by externally promoted artists, DJs and MCs.

 

8.  That clearly legiblesignage statingthe premises’opening andclosing timesshall be prominentlydisplayed whereit caneasily beseen andread fromthe exterior of thepremises. Such signage shall bekept freefrom obstructions at all times.

 

9.  That ‘Ask forAngela’ posters(or postersrelating towhatever similarscheme maybe recommendedby thecouncil and/ orthe policeat anytime) shallbe displayedin thefemale toiletfacilities andkept freefrom obstructionsat alltimes. Allstaff shallbe trainedin the‘Ask forAngela’ scheme(or similarscheme) andshall performthe appropriatecourse ofaction inthe eventof acustomer requestingassistance. Detailsof suchtraining, includingthe printedname ofthe traineeand thedate ofthe training,shall berecorded inthe staff logs at the premises.

 

10.  That the entrance, widows and emergency exits shall be secured to prevents any admittance from the public or any individual attempting to gain access to the building illegally.

 

11.  That the premises shall not use any single use plastics.

 

12.  That on 1 August, 6 August, 1 October (When these days fall on Friday and Saturday only): 11:00 to 00:00 (the following day) Sundays prior to bank holidays Mondays: 11:00 to 00:00. On any day prior to a public holiday: 11:00 to 00:00 all licensable activities shall cease 30 minutes before closing time.

 

13.  That the followingperson associatedwith previousmanagement andownership ofthe premises shallnot knowinglyto bepermitted toenter thepremises whilstlicensable activities arebeing carriedon, orotherwise beinvolved inthe dayto daymanagement of the premises: Omo Ayoade.

 

14.  That a personal licence holder shall be on the premises and on duty at all times after 20:00 when intoxicating liquor is being sold and/or supplied at the premises.

 

15.  That the maximum number ofpeople permitted on the premises at any onetime (the ‘accommodationlimit’) shall be 120 people (excluding staff). The accommodationlimit shall be known by all staff and shall not be exceeded at anytime.

 

16.  That a zero tolerance policy to illegal drug use shall be implemented and maintained at the premises. All relevant staff shall be trained in the implementation of the latest version of the drug policy and details of such training shall be recorded in the staff training logs at the premises.

 

17.  That all external plant required for the operation of the premises (air handling plant, condensers, kitchen extraction systems, etc.) shall be designed, installed and maintained to ensure that noise output from the external plant does not cause a public nuisance or intrude inside the nearest, or most exposed, noise  sensitive premises.

 

18.  That any kitchen extraction system required for the operation of the premises shall be installed with an appropriate discharge location (i.e. eaves height) and with adequate odour control filters installed and maintained to ensure that odour emissions do not cause a public nuisance or intrude inside in the nearest or most exposed sensitive premises.

 

19.  That any kitchenextract and/orventilation systems(user accessibleparts) shallbe cleaned regularlyby to ensurethat theoperation of the premisesdoes notgive riseto odour, fumeor smokenuisance. Detailsof suchcleaning shallbe keptin alog that shall be made immediately available to responsible authority officers on request.

 

20.  That any kitchenextract and/ orventilation systems shall be inspectedat leastonce annuallyby aperson qualifiedto doso toensure thatthey arein fullworking order.The detailsof anysuch inspectionsshall bekept atthe premisesand bemade immediatelyavailable forinspection onthe requestof responsibleauthority officers.Any maintenanceworks tothe kitchenextract and/ orventilation identifiedas required,subsequent to suchinspections, shallbe undertakenas soonas practicablypossible.

 

21.  That all external doors and doors to noise lobbies used by patrons to enter the premises shall have acoustic seals and brushes and self-closers (in accordance with BS 6459 Pt. 1 1984) fitted to those doors.

 

22.  That all speakers for the broadcast of sound within the premises shall be isolated from the structure of the premises by anti-vibration mountings or mats.

 

23.  That during any licensed entertainment on the premises, all doors and windows shall remain closed (except for access or egress).

 

24.  That external doorsat thepremises shallbe keptclosed exceptfor immediate,and emergency, access and egress to and from the premises.

 

25.  That any background music played shall remain at a volume that permits normal conversation and the volume control of any music shall be behind the bar/counter and in the full control of staff at all times.

 

26.  That amplified music, song or speech shall not be broadcast in external areas at any time.

 

27.  That no external areas of the premises shall be used for the purposes of licensed entertainment.

 

28.  That after 20:00, and until the premises closeon each day, staffshall regularly monitoroutside thepremises andtake allnecessary stepsto ensurethat noisefrom patronsor thepremises’ operationdoes notcause disturbanceor publicnuisance (including customers playing music via car radios). A log ofsuch monitoring including theprinted nameof theperson whoundertook themonitoring, thedate andtime ofthe monitoringand anyobservations oractions takensubsequent to themonitoring shallbe keptat thepremises andbe madeimmediately availableto councilor policeofficers on request.

 

29.  That external waste handling, collections, deliveries and the cleaning of external areas shall only occur between the hours of 08.00 and 20.00 any recyclable waste that could not fit into external waste receptacles should be stored in a designated internal refuse storage area until it is due for immediate collection and thereafter, the waste receptacles must be brought back to their designated locations immediately after refuse has been collected.

 

30.  That clearlylegible signage shall beprominently displayed where it can easily be seenand read bycustomers, at allexits from thepremises and in any external areas, requesting to the effectthat customers leave the premises and locale ina quiet andorderly manner with respect tolocal residents.Such signage shallbe kept freefrom obstructions at all times.

 

31.  That clearlylegible signage shall beprominently displayed where it can easily be seenand read bycustomers, at allexits from thepremises and in any external areas, requesting to the effectthat customers leave the premises and locale ina quiet andorderly manner with respect tolocal residents.Such signage shallbe kept freefrom obstructions at all times.

 

32.  That all relevantstaff shallbe trainedin theirresponsibilities underthe LicensingAct 2003,the promotionof thelicensing objectivesand theterms andconditions ofthis licence.Records pertainingto suchtraining (‘thestaff traininglogs’) shallbe keptat thepremises, shallbe updatedevery 6months and shallbe madeimmediately availableto responsibleauthority officerson request.The traininglogs shallinclude thetrainee’s name(in blockcapitals), thetrainer’s name(in blockcapitals) andthe date(s)of trainingand adeclaration thatthe traininghas beenreceived andunderstood bythe trainee. If the staff traininglogs are a paper hardcopythen the signature of thetrainee, thesignature ofthe trainershall beincluded.

 

33.  That, if andwhen required,staff shallinteract withcustomers toensure thatcustomers behaveat thepremises ina quietand orderlymanner andalso leavethe premisesand localein aquiet andorderly manner.Customers deemedby staffto beengaging inanti-social behaviourshall beasked toleave thepremises. Staffshall betrained inthis anddetails ofsuch training,including theprinted name(s)of thetrainee(s) andthe date(s)that thetraining wasgiven, shallbe recordedin thestaff traininglogs atthe premisesand shallbe madeimmediately availableto responsibleauthority officerson request.

 

34.  That staff at the premises shall be trained to interact with customers to prevent customers from congregating outside of the premises and to ensure that customers do not block the roads or pavements in the immediate vicinity of 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 shall be made immediately available to responsible authority officers on request.

 

35.  That a digital CCTV system shall be installed at the premises, shall be maintained in full working order and shall be continually recording at all times 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. The CCTV system shall be correctly time and date stamped at all times. The CCTV system shall cover all interior and exterior areas of the premises, including the frontage of the premises, and shall collect clearly defined / focused footage.

 

36.  That all CCTV footage shall be kept for a period of thirty one (31) days and shall be made immediately available to responsible authority officers on request.

 

37.  That a member of staff shall be on duty at all times that the premises are in use, who is trained in the use of the CCTV system and who is able to view, and download to a removable storage device, CCTV footage at the immediate request of responsible authority officers.

 

38.  That clearly legiblesignage shallbe prominentlydisplayed whereit caneasily beseen and readby customersadvising tothe effectthat CCTVis inoperation atthe premises. The signage shall be kept freefrom obstructions at all times.

 

39.  That a minimum of two (2) SIAregistered door supervisorsshall be employedat thepremises atall timesafter 21:00on Fridayand Saturday.They shallbe employedto controlentry tothe premises,to dealwith thesearching/scanning ofcustomers, todeal withany anti-socialor disorderlybehaviour atthe premises,to de-escalateconfrontations, toassist withemergency escapefrom thepremises, todeal withthe ejectionof peoplefrom thepremises, toassist management in liaising with the policeregarding instances of crime and to assistwith ensuring thatthe premises’ dispersalpolicy is adhered to.When deployed,they shallremain atthe premisesuntil allpatrons havevacated thepremises anduntil atleast 30minutes afterthe premisesclose. Thedoor supervisorsshall beeasily identifiable.

 

40.  That on Fridayand Saturdayall customersleaving thepremises after21:00 hoursand who wishto re-enterthe premiseswill besubject to a furthersearch, whensearches are being conducted inrespect of customerentry to thepremises.

 

41.  That all relevant staff shall be trained in their responsibilities under the Licensing Act 2003, the promotion of the licensing objectives and the terms and conditions of this licence. Records pertaining to such training (‘the staff training logs’) shall be kept at the premises, shall be updated every 6 months and shall be made immediately available to responsible authority officers on request. The training logs shall include 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 of the trainer shall be included.

 

42.  That an incidentlog shallbe keptat thepremises torecord detailsof anyof the following occurrences at the premises:

 

·  Instances of anti-social or disorderly behaviour

·  Calls to the police or other emergency services

·  Any complaints received

·  Ejections of people from the premises

·  Visits to the premises by the local authority or emergency services

·  Any malfunction in respect of the CCTV system

·  All crimes reported by customers, or observed by staff

·  Any other relevant incidents.

 

Theincident logshall recordthe time,date, locationin thepremises anddescription ofeach  incident, detailsof anyaction takenin respectof theincident andthe printedname ofthe personreporting the incidentand. Detailsof incidentsshall berecorded contemporaneously.The incidentlog shallbe available/ beaccessible atthe premisesat alltimes thatthe premisesare inuse, andshall bemade immediatelyavailable toresponsible authorityofficers onrequest. Ifthe incidentlog isa paperhardcopy then thesignature ofthe personreporting theincident inthe logshall alsobe included.All relevantstaff employed at the premises shallbe trained in the useof the incident log.Details of suchtraining, includingthe printedname(s) of thetrainee(s) andthe date(s)that thetraining wasgiven, shallbe recordedin thestaff traininglogs atthe premises.

 

43.  That an entrypolicy willbe devisedand maintainedat thepremises. Acopy ofthe entry policyshall bekept atthe premiseswith thepremises licenceand shallbe made immediately available for inspection to council and / or police officers on request.The entry policyshall cover (but not necessarilybe limited to):

 

·  Safe customer entry to the premises,

·  If / when applicable searching / scanning of attendees,

·  The barring of customer entry to the premises for any reason,

·  Restricted items (e.g. weapons / drugs or any other items restricted by the licensee),

·  Pre-opening safety checks of the premises,

·  Dealing with overcrowding and / or crowd surges

·  Dealing with suspect packages.

 

All relevant staff shall be trained in the implementation of the latest version of the entry policy and details of such training shall be recorded in the staff training logs at the premises.

 

44.  That a dispersalpolicy toassist withpatrons leavingthe premisesin anorderly and safemanner shallbe devisedand maintainedregarding thepremises. Acopy ofthe dispersal policy shall beaccessible at the premises at all times that the premises arein operation.The policyshould include(but notnecessarily belimited to)the following:

 

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

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

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

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

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

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

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

·  Details of the management of ejections from the premises.

·  Details as to howany physical altercations atthe premises are to bemanaged

·  Details of how refuse / 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 premisesshall be trained in the latest version of thedispersal policy.Details ofsuch training,including theprinted name(s)of thetrainee(s) andthe date(s)that thetraining wasgiven, shallbe recordedin thestaff traininglogs atthe premises.If thedispersal policyis apaper documentthen thesignature ofthe traineesshall alsobe included.The dispersalpolicy shallbe madeimmediately availableto responsibleauthority officerson request.

 

45.  That staff and security will ensue that customers do not congregate or loiter outside and particularly on the residential street Camberwell Grove and Datchelor Place.

 

46.  That a challenge25 schemeshall bemaintained requiringthat staffselling ordelivering alcoholrequest thatany customerwho looksunder 25years old,and whois attemptingto purchaseor takereceipt ofalcohol, providesvalid photographicidentification proving that the customer is at least 18 years old.Valid photographic identification is composedof a photo driving licence, passport, UKarmed services photo ID card, any Proofof AgeStandards Scheme(PASS) accreditedcard (suchas theProof ofAge London (PAL) card) or anyage verification card accredited bythe Secretary of State.

 

47.  That all staffinvolved inthe saleof alcoholshall betrained inthe preventionof salesof alcoholto underagepersons (includingthe preventionof ‘proxysales’) andthe challenge25 schemein operationat thepremises. Detailsof suchtraining, includingthe printed name(s) of the trainee(s) andthe date(s) that the trainingwas given,shall berecorded inthe stafftraining logsat thepremises andshall bemade immediatelyavailable forinspection atthe premisesto counciland /or policeofficers onrequest.

 

48.  That clearly legiblesigns shallbe prominentlydisplayed wherethey caneasily beseen andread bycustomers statingto theeffect thata challenge25 policyis inoperation atthe premises,that customersmay beasked toprovide proofof ageand statingwhat theacceptable formsof proofof ageare. Suchsignage shallbe displayedat allentrances, pointsof saleand inall areaswhere alcoholis displayedfor sale.The signage shall be kept free from obstructions at all times.

 

49.  That a registerof refusedsales ofalcohol shallbe maintainedat thepremises atall times.The registershall beclearly andlegibly markedon thefront coveras a registerof refusedalcohol sales,with theaddress ofthe premisesand thename ofthe licenceholder. Theregister shallbe usedto recorddetails of allrefused salesof alcohol. Theregister shallbe kept/ beaccessible atthe premisesat alltimes. Theregister shallbe madeimmediately availablefor inspectionat thepremises tocouncil orpolice officerson request.

 

50.  That no person under 16 years old shall be permitted on the premises unless they are accompanied by an adult.

 

51.  Taxis shall beasked topark inan areathat willminimise disturbanceto localresidents. Taxi driversof taxisthat havebeen orderedby thepremises willbe instructednot tosound theirhorns inthe vicinityof thepremises toalert customersto theirpresence or to idletheir engines whilst waitingfor customers.

 

52.  That all vehiclesdropping offor collectingpassengers or food at thepremises mustbe requested to do so on Camberwell Church Street and not Camberwell Grove.

 

53.  That any advertising, marketing or media relating to the premises (including websites andsocial media)shall advisecustomers thatthere isno readilyavailable parkingin the vicinityof thepremises, shalllist publictransport optionsavailable inthe vicinityand shall advise customers to refrainfrom driving to the premises.

 

54.  That clearly legiblesignage statinga dedicatedcontact telephonenumber forthe premisesshall beprominently displayedwhere itcan easilybe seenread bypassers- by.The signageshall stateto theeffect thatthe phonenumber showncan beused tocontact thepremises inrespect ofany complaintsregarding theoperation ofthe premises.If thetelephone numberrelates toa mobilephone, thenthe dutymanager/supervisor onduty shallhave themobile phoneon theirperson atall times.Such signageshall bekept freefrom obstructions atall times.

 

55.  That appropriate first aid equipment / materials shall be kept at the premises in a dedicated first aid box / boxes. The first aid box(es) shall be kept easily accessible and unobstructed at all times. All staff shall be made aware of where the first aid boxes are located.

 

56.  That there shall be an identified first aider on site at all times that the premises are in operation. They shall sign in at the beginning of their shift in a staff log. The log shall include their printed name and the time & date that they sign in. The log shall be kept at the premises and be made available to council and / or police officers on request. All staff shall be aware of who the first aider is.

 

57.  That appropriate fire-fighting/fire safety equipment shall be kept at the premises in easily accessible and unobstructed locations.

 

58.  That all fire-fighting,fire safety,fire alarmand firedetection equipmentshall be inspectedat leastannually andshall bemaintained toensure thatit isin fullworking order. Arecord ofsuch inspections/ maintenanceshall beavailable atthe premises and shallbe provided to responsibleauthority officers immediatelyon request.

 

59.  That all waste must be put out for collection on Camberwell Church Street and not on Camberwell Grove.

 

60.  That all publicareas ofthe premises(including anypublic toilets)shall bekept ina sanitary, cleanand tidystate atall timesthat thepremise arein operationso that membersof thepublic areat norisk atthe premisesregarding sanitationat the premises.

 

61.  That any spillsof liquidonto thefloor ofthe premises’shall becleared awayas soonas possibleon acontinuous basiswhilst thepremises arein use.Any wetfloors willbe clearlydemarcated assuch toprevent slipsbeing causedby thewet floors.All relevantstaff shall betrained inthis, anddetails ofsuch trainingincluding theprinted name(s)of thetrainee(s), andthe date(s)that thetraining wasgiven, shallbe recorded in the staff training logs at the premises.

 

62.  That broken orwaste glass/ earthenwareshall becleared away as soon as possibleon acontinuous basiswhilst thepremises arein useto minimiserisk ofinjury. Allrelevant staffshall be trainedin this, and details ofsuch trainingincluding the printedname(s) ofthe trainee(s),and thedate(s) thatthe trainingwas given,shall berecorded in the staff training logs at the premises.

 

63.  That all areas of the premises and all fittings and equipment, door fastenings, notices, lighting, heating, electrical, toilet, washing and other installations shall be maintained in good order and in a safe condition at all times.

 

64.  That after 22:00 a maximum of five customers at any one time shall be permitted to smoke at the premises’ frontage on Camberwell Church Street only. Such customers shallbe instructedby staffto remainat thepremises frontageon CamberwellChurch Street whilesmoking and,if andwhen required,to behavein aquiet andorderly manner.

 

65.  That customersshall useno outsidearea otherthan thosewho temporarilyleave the premises to smokea cigarette and nomore than 5 customers people at one anytime. Staff shall conduct checks to ensurethat this number isn’texceeded. Such customers will beinstructed bystaff toremain atthe premisesfrontage onCamberwell Church Streetwhile smokingand, ifand whenrequired, tobehave ina quietand orderly manner.

 

66.  That suitable containersfor customer’scigarette buttsshall beprovided on CamberwellChurch Streetat alltimes thatthe premisesare inuse. Suchcontainers shall beemptied regularlyto ensurethat theycan beused atall timesthat thepremises are inuse, andso thatthey donot overflowand causecigarette buttlitter inthe vicinity.

 

67.  That any littercaused bythe operationof thepremises shallbe clearedaway fromthe immediate vicinity ofthe premises periodically throughout operating hours, and at theend oftrade, oneach daythat thepremises arein operation.All relevantstaff shallbe trainedin this,and detailsof suchtraining includingthe printedname(s) ofthe trainee(s),and thedate(s) thatthe trainingwas given,shall berecorded inthe stafftraining logsat thepremises.

 

68.  That clearly legiblesignage shallbe prominentlydisplayed whereit caneasily beseen andread bycustomers, atall exitsfrom thepremises andin anyexternal areas,requesting tothe effectthat customersleave thepremises andlocale ina quietand orderlymanner withrespect tolocal residents.Such signageshall bekept freefrom obstructionsat alltimes.

 

69.  That external waste handling, collections of goodsfrom the premises (excluding take- awaydeliveries), deliveriesof goodsto thepremises andthe cleaningof externalareas shall only occur between the 07:00 and 20:00.

 

70.  That delivery drivers shall be instructed to turn their engines off when collecting orders for delivery from the premises.

 

71.  That clearly legiblesignage shallbe prominentlydisplayed bothinside andoutside the premiseswhere itcan easilybe seenand readby deliverydrivers advisingto theeffect that:

 

·  All vehicle engines are turned off

·  All delivery drivers behave in a quiet and orderly manner with respect to local residents

·  Delivery driversdo not use vehicle horns to attract the attention ofworkers at the premises or otherwise use their vehicle horns unnecessarily when approaching or leaving the premises

·  Delivery drivers donot engagein unnecessaryrevving ofengines on approaching or leaving the premises and locale.

 

72.  That no deliveries from the premises of alcohol shall be permitted.

 

73.  That alcohol shall not be sold or supplied onthe premises otherwise than to persons taking table meals or substantialfood there, and for consumption by such persons as ancillaryto their meal with the exception of patrons awaiting to be seated within a designated waiting area in the basement with a maximum of eight patrons at any time.

 

74.  That service to tables shall be by waiting staff only.

 

75.  That there shall be meetings between the premises and the local residents on at least a bi-annual basis to be advertised on the website for the premises and poster erected in the premises window. The ward councillors and representatives for the Camberwell Society and Mary Datchelor Resident Association shall be invited to these meetings.