Agenda item

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

 

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

 

The licensing sub-committee heard from the other persons objecting to the application.  Members had questions for the other persons.

 

The licensing sub-committee also noted the written representations of the other persons, who were not in attendance.

 

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

 

The meeting adjourned at 12.11pm for the sub-committee to consider its decision.

 

The meeting reconvened at 12.47pm and the chair advised everyone present of the decision.

 

RESOLVED:

 

That the application made by Simba Dulwich Ltdfor a premises licence to be granted under the Licensing Act 2003 in respect of the premises known as Clubhouse 80 Dulwich Village London SE21 7AJis granted as follows:

 

Supply of alcohol (on sales)	Monday to Thursday from 12:00 to 22:00 Friday and Saturday from 12:00 to 22:30 Sunday from 12:00 to 20:30
Opening hours	Monday to Saturday from 10:00 to 23:00 Sunday from 10:00 to 21:00

 

Conditions

 

The operation of the premises under the licence shall be subject to relevant mandatory conditions, conditions derived from the operating schedule highlighted in Parts J, K, L, and M of the application form, the conditions agreed with the responsible authorities, theMetropolitan Police Service and trading standards and the following additional conditions:

 

Conditions imposed by the licensing sub-committee

 

1.  That no more than five patrons shall be allowed to smoke at the front of the premises at any one time and there shall be no smoking in the rear garden. After 20:00, smokers shall not permitted to take their drinks outside.

 

2.  That the licence holder shall provide a dedicated telephone contact number for the premises to local residents, for residents to raise any concerns relating to noise, disturbance and or other matters arising from the operation of the premises.

 

3.  That the rear garden and front external seating area shall close to patrons at 20:00 every day.  The front external furniture shall be rendered unusable or shall be removed each evening.

 

4.  That the maximum internal capacity shall not exceed 35 in total, which shall include no more than 12 patrons to use the upstairs area at any one time.

 

Recommendations by the licensing sub-committee

 

1.  That wherever possible, the applicant agrees to endeavour not to use single use plastics

 

2.  That wherever possible, there shall be no waste collection between 20:00 and 08:00 daily.

 

Reasons

 

The licensing sub-committee convened to determine an application for a premises licence in respect of Clubhouse, 80 Dulwich Village, London SE21 7AJ. The licensing officer presented the application, confirming the hours applied for and summarising the representations received.

 

The licensing officer stated that the premises was not located within a cumulative impact area and that representations from the responsible authorities namely, the Metropolitan Police Service and trading standards had been withdrawn following the applicant agreeing to a number of conditions put forward by them during the conciliation process.  The outstanding representations were from five other persons of which, four would attend the meeting.

 

The sub-committee heard from the applicant, who explained that the premises would operate primarily as a daytime café offering coffee, salads and sandwiches, with a limited range of wine and small plates in the evening. The applicant clarified that the premises would not operate as an alcohol-led venue, would not have live or recorded music, DJs or televisions, and would serve mainly local residents and community groups. The applicant also confirmed he operated another well-established premises in the village and enjoyed good relationships with local residents.

 

The applicant addressed concerns regarding the rear garden and first floor areas. He stated that the rear garden would close to patrons at 20:00 every day and confirmed there would be no music played outside. He agreed that the rear garden would be a non-smoking area and that tables would be positioned away from neighbouring boundaries. The applicant further agreed to remove or render unusable any external furniture at the front of the premises each evening.

 

The applicant confirmed that the first floor would function as a quiet lounge area used mainly by those working from home during the day or by couples in the evening and accepted a limitation of 12 patrons on the first floor. He also confirmed that the overall internal capacity of the premises would be limited to 35 patrons. He agreed that any bottle disposal would take place only during daytime hours, with glass stored securely indoors overnight.

 

The sub-committee then heard from other persons who raised concerns regarding noise, smoking, use of the rear garden, health concerns linked to smoke and noise disturbance, and obstruction of the front pavement. They highlighted the proximity of residential windows, the age and construction style of nearby buildings and existing noise issues from other premises in the area. They also referred to historic planning restrictions concerning the rear garden, though the sub-committee clarified that planning matters could not be considered as part of the licensing regime.

 

During questioning, the applicant agreed that no more than five patrons would be permitted to smoke at the front of the premises at any one time and that after 8pm any smoker would not be permitted to take drinks outside. The applicant further agreed to provide a dedicated telephone number for residents to raise concerns. He also accepted a recommendation to encourage patrons to use active travel and public transport and confirmed willingness to adhere to the council’s sustainability expectations in avoiding single-use plastics.

 

After hearing all the live evidence, the licensing sub-committee retired to consider the application in its entirety.

 

The sub-committee were impressed by the applicant’s willingness to accept additional conditions and his commitment to mitigating any potential disturbance to neighbours.

 

The sub-committee considered the concerns raised by other persons, imposing the following conditions to address those concerns:

 

1.  That no more than five patrons shall be allowed to smoke at the front of the premises at any one time and there shall be no smoking in the rear garden. After 20:00, smokers shall not permitted to take their drinks outside.

 

2.  That the licence holder shall provide a dedicated telephone contact number for the premises to local residents, for residents to raise any concerns relating to noise, disturbance and or other matters arising from the operation of the premises.

 

3.  That the rear garden and front external seating area shall close to patrons at 20:00 every day.  The front external furniture shall be rendered unusable or shall be removed each evening.

 

4.  That the maximum internal capacity shall not exceed 35 in total, which shall include no more than 12 patrons to use the upstairs area at any one time.

 

The sub-committee made the following recommendations:

 

1.  That wherever possible, the applicant agrees to endeavour not to use single use plastics

 

2.  That wherever possible, there shall be no waste collection between 20:00 and 08:00 daily.

 

The licensing sub-committee took the view that the additional conditions coupled with the agreed conditions, should allay the concerns put forward by other persons.  It therefore decided to grant the licence, being satisfied that the conditions were appropriate and proportionate to promote the licensing objectives.

 

In reaching its decision, the licensing sub-committee had regard to all the relevant considerations including the Licensing Act 2003, the Section 182 Guidance and National Licensing Policy Framework (November 2025), its equality duties and 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.