Agenda item

To consider an application for a new premises licence.

Daliah Barrett, Licensing Officer, introduced the application for a new premises licence.  The hours sought by the applicant were shown at page 11 of the agenda pack.  There had been a number of noise complaints received from local residents, and the Licensing Authority had put forward recommended hours to the applicant to address these complaints.  The applicant had not agreed to the suggested hours.

 

Representations had been received from local residents, Licensing Authority and Metropolitan Police.

 

PC Mark Greaves presented the objection from the Metropolitan Police Licensing Team.  There had been a number of complaints relating to the previous venue, and on previous attempts to visit the premises, the Police had been unable to gain access due to the lock on the main door.  The application did not mention the use of SIA door supervisors, and PC Greaves considered that due to the previous issues at the premises, there was a requirement for SIA door supervisors.  PC Greaves informed the Committee that when he had discussed the application with the applicant, he had been advised that customers would be able to buy alcohol without a meal, and this was not clear on the application.

 

Mr Graeme Hopkins, Applicant Representative, advised the Committee that there was some confusion on the initial application and that alcohol sales were not restricted to ancillary to food only, and that the lock on the main door would be removed.

 

Pooja Raithatha, local resident, presented her objection to the application.  The premises was located in a largely residential block, and the previous venue had created noise nuisance and anti-social behaviour.  There had been recent incidents under the management of the current owner of loud music at 5.24am, which Ms Raithatha had reported to the noise nuisance team.  Ms Raithatha requested that the Committee refuse the licence, as the venue was unsuitable for the area it was situated in.  In response to the Committee, Ms Raithatha confirmed that she and her family had experienced issues with noise from the premises every weekend since 2004.

 

Clerks note:  There was some confusion regarding a whether a representation had been submitted by Neena Khiroya – the representation was found in the agenda pack and Ms Khiroya was able to address the Committee.

 

Neena Khiroya, local resident, presented her objection to the application.  She had made a number of complaints to the Local Authority regarding the noise nuisance from the premises.  Ms Khiroya had previously lost tenants from her property due to the anti-social behaviour from the premises.  The previous premises had attracted undesirable clientele, who would congregate at the entrance to the residential premises, which could be intimidating to residents.  The premises was located on a mezzanine level between the ground floor and residential properties, which caused noise to travel to the residential properties.

 

Graeme Hopkins, Applicant Representative, presented the application for a new premises licence.  He referred to the allegations of intimidation against residents and stated that the Police had not made any reference to this in their representation.  He advised that the venue would operate as a bar with food available, and would mainly be targeting the Angolan community.  The venue would not have live music, all music would be played through a stereo system with a noise limiter.

 

Mr Hopkins informed the Committee that the applicant had amended the hours as follows:

 

Hours open to the public

Sunday to Thursday            1200 to 2330

Friday and Saturday            1200 to 0200

 

Sale of alcohol

Sunday to Thursday            12.00 to 23.00    

Friday & Saturday               12.00 to 01.30

 

Provision of Late Night Refreshment 

Friday & Saturday               23.00 to 01.30

 

Provision of recorded music

Sunday to Thursday            12.00 to 23.00

Friday & Saturday               12.00 to 01.30 

 

He advised that the applicant was in agreement to the conditions put forward by the Responsible Authorities, save for the hours put forward by the Licensing Authority, and the condition relating to alcohol sold ancillary to food.

 

Mr Hopkins referred to the objections made by the local residents, and stated that the applicant had only taken over the premises in January 2018, and so could not be held responsible for any previous complaint about the premises.  The incidents which had been reported since the applicant had been in control of the premises related to a family party, where no alcohol was on the premises; and a family member decorating the premises in the early hours of the morning, and had turned the music up too loud.

 

Mr Hopkin advised the Committee that the premises would have CCTV covering the outside area.  There would be a maximum of six people allowed outside to smoke, and no alcohol would be allowed outside of the premises.  The applicant would also install sound proofing in the future.

 

In response to questions, Mr Hopkins explained that:

-           The sound limiter would be set in conjunction with the Council’s noise team.

-           Door supervisors would be employed on Friday and Saturday nights, and would move smokers away from the entrance to the residential properties.

-           The applicant would ensure that any litter left outside of the premises would be cleaned up.

 

All parties summed up and the Chair informed all present that the decision would be circulated in writing within five working days.

 

RESOLVED

 

The Committee carefully considered the application for a new premises licence, the representations made by local residents, the Licensing Authority, Police Licensing Team, the Applicant and their representative, the Council’s Statement of Licensing Policy, the Licensing Act 2003 and the Licensing Act 2003 s182 guidance.

 

Having heard the parties’ evidence, the Committee resolved to grant the application as follows:

 

Hours open to the public

 

Sunday to Thursday            1200 to 2300 hours

Friday to Saturday               1200 to 0000 hours

 

Regulated Entertainment: Recorded music

 

Sunday to Thursday            1200 to 2230 hours

Friday to Saturday               1200 to 2330 hours

 

Provision of Late Night Refreshment

 

Friday to Saturday               2300 to 2330 hours

 

Supply of Alcohol

 

Sunday to Thursday            1200 to 2230 hours

Friday to Saturday               1200 to 2330 hours

 

For consumption ON the premises

 

With the following conditions:

 

-           The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Police and Council Licensing Team.  All entry and exit points will be covered enabling frontal identification of every person entering in any light condition.  The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises.

 

-           All recordings shall be stored for a minimum period of 31 days with date and time stamping.  Viewings of recordings shall be made available immediately upon the request of Police or authorised officer throughout the preceding 31 day period.  A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times when the premises is open.  This staff member must be able to provide a Police or authorised council officer copies of recent CCTV.

 

-           An incident log shall be kept at the premises and maintained for a minimum period of 12 months, and made available on request to an authorised officer of the Council or the Police, which will record the following:

(a)  All crimes reported to the venue

(b)  All ejections of patrons

(c)  Any complaints received concerning crime and disorder

(d)  Any incidents of disorder

(e)  All seizures of drugs or offensive weapons

(f)   Any faults in the CCTV system or searching equipment or scanning equipment

(g)  Any refusal of the sale of alcohol

(h)  Any visit by a relevant authority or emergency service

 

-        Staff training – appropriate induction training will be undertaken with all relevant staff to cover appropriate subjects for their role including but not limited to:

 

(a) the responsible sale of alcohol with staff to be fully trained in, and fully                aware of, the law relating to the responsible sales of alcohol to                           those under the age of 18.

 

(b) the prevention of under-age sales of alcohol, the Challenge 25 policy, and in checking and authenticating accepted forms of identification

(c) the responsibility to refuse the sale of alcohol to any person who is drunk

(d) fire safety and emergency evacuation procedures

(e) the operation of the CCTV system

 

-           Drinks will not be permitted to leave the premises at any time, including for those leaving for the purpose of smoking.

 

-           Regular waste disposal is undertaken in accordance with the Council’s requirements.  No collections of waste or recycling materials (including bottles) from the premises shall take place between 2300 and 0800 Monday to Sunday.

 

-           The area immediately outside the premises will be maintained to ensure that any litter generated by the premises and / or its customers is regularly cleared, including cigarette butts/packets etc periodically throughout the premises opening hours and specifically at the end of trading hours.

 

-           No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.

 

-           Music should be inaudible from the nearest noise sensitive premises.

 

-           The pavement shall be kept clear for pedestrians and not be blocked by patrons.  If at any time the capacity is reached at both the tables and bar, any new patrons will be turned away at the door rather than being invited to queue outside.

 

-           All doors and windows shall remain closed (not locked) during the provision of Regulated Entertainment except for the ingress/egress of persons and in the event of an emergency.

 

-           The main street door must be accessible when licensable activities are taking place at the premises.

 

-           The premises shall devise and implement a robust dispersal policy to ensure that patrons leave the premises and vicinity as quietly and speedily as possible.

 

-           The premises shall prominently display signage informing customers:-

(a)  To leave quietly and to respect your neighbours

(b)  Stating that CCTV is in operation and police have instant access to the footage

(c)  Any person found carrying weapons or illegal drugs will be permanently excluded and the police will be informed.

 

-           No customers shall be allowed to leave the premises while carrying open drinking vessels, or to consume alcohol on the public highway.

 

-           A fire risk assessment will be conducted and regularly reviewed.

 

-           In line with the fire risk assessment:

(a)  Heat / smoke detectors are installed and maintained by a competent person.

(b)  Fire detection and fire safety equipment checks are recorded.

(c)  Fire extinguishers are installed in accordance with the recommendations of the fire risk assessment.

(d)  Emergency lighting is installed in accordance with the recommendations of the fire risk assessment.

(e)  All emergency exits are marked on the premises plan.

 

-           Adequate first aid boxes will be maintained.

 

-           No children under the age of 18 shall be permitted on the premises without an adult to supervise.

 

-           A Challenge 25 proof of age scheme shall be operated at the premises where the only acceptable forms of identification are recognised photographic identification cards, such as a driving licence, passport or proof of age card with the PASS Hologram.

 

-           A sound limiting device within the premises shall be installed to control amplified sound levels on the premises.  The device shall be approved by and set to the Council’s satisfaction and thereafter maintained for the duration of use.

 

-           Any patrons smoking shall be requested to stand away from the entrance to the residential premises.

 

-           One SIA door supervisor will be at the premises on a Friday and Saturday`-  from 2100 hours until 15 minutes after the premises closes.

 

The Committee noted the request of the Responsible Authorities that the lock be removed at the main entrance door, and the acceptance of the Applicant to do so.

 

The Committee heard from local residents in regard to noise nuisance from the premises when under previous management, and the two incidents since the Applicant had taken over the premises.  They considered that the combination of a reduction to the requested hours and the implementation of the above conditions would serve to reduce the impact of noise on the neighbouring residential properties.

 

Informative

 

The Committee noted the undertaking of the Applicant to install soundproofing once the business has been established. 

 

The Committee approached its deliberations with an open mind and only took its decision after having heard all the parties’ representations. The Committee considered that the decision was appropriate and proportionate.