Agenda item

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

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

The licensing sub-committee heard from the Principal Licensing Officer.  Member had questions for the Principal Licensing Officer.

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

The meeting adjourned at 11.04 am for the sub-committee to consider its decision.

The meeting reconvened at 11.16 am and the chair advised everyone present of the decision.

RESOLVED:

Thatthe application made by Thiyana Limited for a premises licence to be varied under Section34 ofthe LicensingAct 2003in respectof thepremises knownas Subway,76-78 Denmark Hill, London, SE5 8RZ is granted:

1.  Late Night Refreshment to be consumed on the premises:

·  Monday to Wednesday:  23:00 to 01:30

·  Thursday to Sunday:    23:00 to 02:30

2.Opening hours:

·  Monday to Wednesday: 08:00 to 01:30

·  Thursday to Sunday: 08:00 to 02:30

Conditions

The operation of the premises under the licence shall be subject to the relevant mandatory conditions and any conditions derived from the operation schedule highlighted in Section M of the application form.

Reasons

On 28th January 2026 Thiyana Limited applied for a premises licence to be varied under Section 34 of the Licensing Act 2003 in respect of the premises known as Subway, 76-78 Denmark Hill, London, SE5 8RZ.

The licensing officer and report author advised the sub-committee that, although the premises was located within the Camberwell Cumulative Impact Area (CIA), the policy did not extend to takeaway establishments; therefore, this application fell outside its scope.

The applicant informed the sub-committee they had been operating the premises since 2011 and had just over 15 years’ experience. They closed at 00:00 hours Monday to Wednesday and at 01:00 hours Thursday to Sunday and were applying to extend these hours by an hour and a half. They did not anticipate the extension would have a negative effect upon the licensing objectives as they had been running the premises with no complaints to date.

Their customers included workers from the nearby hospital, bus drivers and local residents; many worked late and the premises had been turning them away due to their closing time. They therefore wished to extend their hours to support the customer demand.

They sold toasted sandwiches as well as hot drinks such as coffee or tea. The premises regularly checked the vicinity for litter and confirmed they did not use single-use plastics, their packaging was paper-based. Deliveries of goods to the premises took place during the day, typically at lunch time on Mondays, Wednesdays and Thursdays.

Licensing, as a responsible authority, notified the sub-committee that the premises had been given the maximum hours recommended by the Southwark Statement of Licensing Policy 2021-2026 (SoLP). Since the requested hours exceeded this limit, they considered it was necessary for the sub-committee to make a decision on the issue.

They confirmed the premises had received no recent complaints and that there were no other representations from responsible authorities.

The sub-committee considered the representation submitted in support of the application and the demand for late workers to obtain refreshment.

Whilst they noted that the hours recommended by the SOLP (p.42) for takeaway establishments within a district town centre were 01:00 hours Friday to Saturday and 00:00 hours Sunday to Thursday, they did not consider that premises operating for a further hour and a half would have an adverse effect upon the licensing objectives.

There was no evidence of public nuisance or of crime and disorder connected to the premises. They had received no complaints or objections, and the extra time would allow them to better serve the demand by local residents and businesses. The sub-committee did not consider that further conditions were necessary but did make a recommendation that the premises do not use single-use plastics.

In reaching its decision, the licensing sub-committee had regard to all the relevant considerations including the Licensing Act 2003, the s.182 Guidance and National Licensing Policy Framework (November 2025), its equality duties and the four licensing objectives and considered that this decision was appropriate and proportionate.

Appeal rights.

Theapplicant may appealagainst anydecision tomodify theconditions ofthe licence; and:

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

·  The variation ought not to be been granted; or

·  That,when varyingthe licence,the licensingauthority oughtnot tohave modified the conditions ofthe licence, or oughtto have modified them in a differentway may appeal against the decision.

Anyappeal mustbe madeto theMagistrates’ Courtfor thearea inwhich thepremises aresituated. Anyappeal mustbe commencedby noticeof appealgiven bythe appellantto thejustices’ clerkfor theMagistrates’ Courtwithin theperiod of21 days beginningwith theday onwhich theappellant wasnotified bythe licensingauthority of the decision appealed against.