Agenda item

The licensing officer presented their report.  Members had questions.

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

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

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

The meeting adjourned at 10.54am for the sub-committee to consider its decision.

The meeting reconvened at 11.45am and the chair advised everyone of the decision.

RESOLVED:

That the application made by Bird House Brewing Company for a premises licence to be varied under Section 34 of the Licensing Act 2003 in respect of the premises known as Bird House Brewing Company, Arch Unit 1127, Bath Factory Estate, 41 Norwood Road, London SE24 9AJ be granted.  .

Hours

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 the following additional conditions agreed by the sub-committee

i.  That only management staff shall have access to any amplification equipment at the premises, and only management staff shall be permitted to change any control settings on said equipment.

ii.  That any advertising, marketing or media relating to the premises (including websites and social media) will advise customers that there is no readily available parking in the vicinity of the premises, shall list public transport options available in the vicinity and shall advise customers to refrain from driving to the premises.

iii.  That in the event of on-line sales alcohol age verification is required.

Reasons

This was an application made by Bird House Brewing Company for the grant of a variation to the premises licence in respect of Bird House Brewing Company Arch Unit 1127, Bath Factory, 41 East Norwood Road, SE24 9AJ

The licensing sub-committee heard from the representative for the applicant wo advised that the premises was formerly known as the Canopy Beer Company and was acquired in June 2023 and opened as the Bird House Brewery in March 2024. They informed the sub-committee that they served craft beers, wines, signature cocktails and street food alongside their very own brewed house lager and pale ale. The applicant was a small independent brewing company, established in 2019, but an experienced licenced operator, with premises in Shepherd's Bush and Peckham.

There were two parts to the variation application.  First, for the approval of a new plan which was unopposed by any of the responsible authorities and therefore, should be granted.  The second part of the application sought the extension of licensable activities and hours.

The only outstanding objection was from licensing as a responsible authority (LRA) based on the hours recommended in Southwark’s statement of licensing policy 2021 (SoLP) for a premises in a residential area. 

It was accepted by the sub-committee that the map at appendix E of the agenda was erroneous as it did not show the actual location of the premises and the premises was not near residential properties. There was also a number of other licensed premises with later trading hours (The Koi Ramen Bar, the Florence Pub, the 127 Bar and Restaurant, the Half Moon, Peachy Goat and the Off the Cuff)  in and around the Bath Factory Estate where there premises was located.  The sub-committee also accepted that the premises was actually in the Herne Hill district town centre area, which had different recommended hours in the SoLP. 

The application included the provision of late night refreshment and although there was no kitchen or food preparation area in the premises, street food traders with vans in the private courtyard outside would provide food at the weekends. There would be rotating street food providers so that the food offering was kept fresh and exciting.  The only food stuffs stored at the premises were hops and wheat for the beer and lemons/limes for beverages.

It was noted by members that there was no disabled toilet due to the size of the premises.  Unfortunately, due to the size of premises (a capacity of 30 people inside and 50-60 people outside) and the size of the company, under the Disability Discrimination Act 1995 it would be unreasonable and impractical to install them.

Background music would be played, with the regulated entertainment primarily reserved for weekends.  On Friday and Saturday evenings, there would be low key DJ's playing background music to create an ambience for customers to enhance the customers’ beer, tap room and overall brewery experience. The applicant was working with local artists to provide this. The premises had two small directional speakers that pointed into the bar area, so any noise outbreak would essentially go out into the private courtyard.

Because Southwark had declared climate emergency, members enquired on the applicant’s sustainability practices.  It was confirmed that when finalised, the website for the premises would encourage travel by public transport and provide the necessary signposts for it.  It was also confirmed that all beer would be served in glass and single use plastics would not be used.

The licensing sub-committee then heard from licensing as a responsible authority (LRA) who concurred that the premises fell within the Herne Hill district town centre area. The recommended closing times in SoLP for public houses, wine bars or other drink establish establishments and bars and other types of premises is Friday and Saturdays at 00:00 and Sunday to Thursdays at 23:00. The officer did not agree with the applicant’s representative that his suggested conditions were a duplication of existing legislation.

It was clarified that the premises were located in an industrial park that formed part of arches, with a busy railway line running above and the pictures in the LRA representation (showing Straddella Road and Croxted Road) were included to show the location of the nearest residential premises.

The officer representing LRA confirmed that he had no objection to the change of plans or the inclusion of licensable activities, but in view of live and recorded music being provided, requested that his suggested condition regarding amplification equipment be imposed as the management of the premises should have the ultimate control or the equipment. 

The hours applied for still exceeded those recommended in the SoLP and since the sub-committee were the gatekeeper of the policy, the decision to grant beyond the SoLP hours should be the sub-committee’s decision.  Overall, if granted, the extended hours and operation of the premise would not have a negative impact on the promotion of the licencing objectives

This was an application for a variation of a premises licence for the change of plans and extending licensable activities and hours.  The change of plans is not opposed and is granted.

The licensing sub-committee noted that the Licensing Act 2003 was a permissive regime where there should be a more relaxed approach to responsible operators who will promote the licencing objectives and to support local night time economy.

The applicant had already conciliated with the police, agreeing an additional 15 conditions. Many of the conditions proposed by LRA duplicate existing statutory obligations, contrary to the Home Office Revised Guidance issued under Section 182 Licensing Act 2003, paragraph 1.19.  The conditions proposed by LRA would make this premises licence extremely onerous, disproportionate and unnecessary to promote the licensing objectives.

The licensing sub-committee was satisfied that the impact on local residents and the promotion of the licensing objectives would be negligible.

In reaching its decision the licensing sub-committee had regard to 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 to modify the conditions of the licence; and:

Any person who made relevant representations in relation to the application who desire to contend that:

a)  The variation ought not to be been granted; or

b)  That, when varying the licence, the licensing authority ought not to have modified the conditions of 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.