Agenda item

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

 

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

 

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

 

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

 

The meeting adjourned at 10.37am for the sub-committee to consider its decision.

 

The meeting reconvened at 10.58am and the chair advised everyone present of the decision.

 

RESOLVED:

 

That the application made byChar 1746 Ltd for a premises licence under Section 17 of the Licensing Act 2003 in respect of the premises known asKirkwood Local, 2 Kirkwood Road, London SE15 3XXis granted.

 

1.  Hours

 

The sale by retail of alcohol (off sales only):	·  Monday to Sunday from 07:00 to 00:00
Opening hours:	·  Monday to Sunday from 07:00 to 00:00

 

Conditions

 

The operation of the premises under the licence shall be subject to the relevant mandatory conditions, any conditions derived from the operation schedule highlighted in Section M of the application form, conditions agreed with the Metropolitan Police Service.

 

1.  That all tills shall automatically prompt staff to ask for age verification identification when presented with an alcohol sale.

 

2.  That outside of the hours authorised for the sale of alcohol and whilst the premises are open to the public, the licence holder shall ensure that all alcohol within the premises is secured behind locked grilles, screens or locked cabinet doors so as to prevent access to the alcohol by customers.

 

3.  That no sale of white cider in bottles above 750ml.

 

4.  That no sale of spirits in bottles less than 50ml.

 

5.  That Tuncay Telli shall not be involved, either directly or indirectly, in the management, operation or day to day running of the premises in any capacity.

 

6.  That the premises have a no loitering policy outside the premises

 

It was also recommended that all alcohol displayed on the shop floor shall be held together.

 

Reasons

This was an application for a premises licence in respect of Kirkwood Local, 2 Kirkwood Road, London SE15 3XX.

 
The licensing sub-committee heard from the applicant’s legal representative, who explained that the applicant and the previous licence holder were completely different and there was no connection between them. The previous history, therefore, needed to be distinguished from the applicant’s record, experience and proposed management of the premises.

 

The licence to the premises had been subject to a review and was revoked but was being appealed at the Magistrate's Court. Whilst the subject of an appeal, the premises continued to operate 24 hours a day.

The original application sought a 24 hour operation, but in the face of the concerns raised by the police, the Applicant agreed to substantially reduce the proposed hours,

from 06:00 hours until midnight.

This was a big concession and demonstrated the applicant’s approach to the application constructively and willingness to engage with the responsible authorities.

 

The police requested additional conditions which were agreed and the representation was withdrawn. Paragraph 2.1 of Section 182 Guidance provided that licencing authorities should look to the police as the main source of advice on crime and disorder. Given the conciliation with the police, the premises would run smoothly without crime and disorder concerns.

The licencing representation remained outstanding due to the proposed hours, despite the opening hours and sale of alcohol hours being identical to those agreed with the police. Notwithstanding this, the applicant was agreeable to reduce the opening time

further, with an open hour of 07:00 hours until midnight.

The applicant had operated an off-licence in Basingstoke since 2015 and also held a personal licence. There had been no history of any licencing or non-compliance issues at the Basingstoke premises. The applicant’s track record demonstrated he was more than capable of upholding the four licencing objectives.

The legal representative stated that the applicant was aware of Southwark’s Statement of Licensing Policy 2026-2031, but emphasised that given the exceptional circumstances of the application, asked that the sub-committee deviate from the policy reminding members that pursuant to paragraph 1.18 of the Section 182 guidance provides when making licencing decisions, licencing authorities should consider the need to promote growth and deliver economic benefits, and stressed the application be considered on its individual merit.

 

The licensing sub-committee heard from the officer representing licensing as a responsible authority who explained that they had engaged with the applicant and the only disagreement had been the hours. The applicant had agreed in principle with the condition proposed in the officer’s representation. The applicant had attempted to distinguish himself from the previous owner.  However, the previous license had been  revoked and it was common practise where a premises licence had been revoked a licence was either transferred, DPS varied, or a nice licence application submitted.

 

To the public, it could be incorrectly assumed that the premises remained under the previous management. Because of the premises became known for selling illicit items, further respite was required for the community so that customers could be sure that the premises was under new management. 

 

Concerns were raised that that customers could open alcoholic drinks and consume them on the street. The street furniture, which is opposite the premises, was an ideal place for street drinkers to congregate, which is likely to cause nuisance and anti-social behaviour, especially if an opening time of 6am were permitted. The officer concluded that more restrictive hours were requested in order to align with the policy

hours, which are 11am to midnight.

In determining this application, the licensing sub-committee is conscious that the premises has a 24 hour licence, which is currently the subject of an appeal in the Magistrates’ Court.

 

The applicant has agreed licensable hours in this application for between 07:00 hours and midnight and the issues relating to crime and disorder have been conciliated with the police, with conditions.

 

Members were also conscious of the concerns raised by licensing as a responsible authority and for this reason the conditions recommended by them have been imposed, together with the requirement to have a no loitering policy outside the premises.

 

In reaching its decision, the licensing sub-committee had regard to all the relevant considerations, its equality dutiesand four licensing objectives and the National Licensing Policy Framework for the Hospitality and Leisure Sectors England and Wales (November 2025) 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 desires to contend:

 

a.  That the licence ought not to have been granted; or

b.  That, on granting the licence, the licensing authority ought not to have imposed different or additional conditions on 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 regarding the area in which the premises are situated. Any appeal must be commenced by notice of appeal given by the appellant to 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.