LICENSING SUB

b
LICENSING SUB-COMMITTEE
Date and Time: Thursday, 26 May 2011 7.00 pm
Venue: Room 8, Lambeth Town Hall, Brixton Hill, SW2 1RW
Contact for enquiries:
Gary O'Key
Governance and Democracy
Tel/Voicemail: 020 7926 2183
Fax:
020 7926 2361
Email: [email protected]
Governance and Democracy
Lambeth Town Hall, Brixton Hill,
London, SW2 1RW
Website:
www.lambeth.gov.uk/committee
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Despatched: Wednesday, 18 May 2011
COMMITTEE MEMBERS: Councillors M P BENNETT, HOPKINS, MCGLONE,
TARGETT-PARKER, WALKER, BRAITHWAITE, COSGRAVE, PALMER, BIGHAM
and HARRISON
Members required for this meeting will be:
Councillors TARGETT-PARKER, HARRISON and PALMER
AGENDA
PLEASE NOTE THAT THE ORDER OF THE AGENDA MAY BE CHANGED AT THE MEETING
Page
Nos.
1.
Election of Chair
2.
Declarations of Interest
3.
Minutes
1 - 24
To approve and sign the minutes of the hearings held on 19 April
2011, 26 April 2011 and 9 May 2011 as correct records of the
proceedings.
4.
Licensing Applications for the Grant / Review of a Premises
Licence
25 - 30
(Report 37/11-12 and appendices)
Executive Director of Housing, Regeneration and Environment.
Contact: John Smith, Licensing Manager, 020 7926 6140
Email: [email protected]
a)
Asanka, 66 Streatham High Road, SW16 1DA (St Leonard's
Ward)
31 - 66
b)
Rodizio Brazil, 62 Clapham High Street, SW4 7UL (Clapham
Town Ward)
67 - 82
c)
Brazas Restaurant, 43-45 Tulse Hill, SW2 2TJ (Tulse Hill Ward)
83 - 104
PROGRAMME OF FUTURE MEETING
Agenda Published
[5 clear days]
Meeting 7.00pm
Decision Published by
[5 clear days]
27 May 2011
22 June 2011
11 July 2011
1 August 2011
23 August 2011
21 September 2011
17 October 2011
9 November 2011
23 November 2011
14 December 2011
4 January 2012
6 February 2012
29 February 2012
5 April 2012
Tuesday 7 June 2011
Thursday 30 June 2011
Tuesday 19 July 2011
Tuesday 9 August 2011
Thursday 1 September 2011
Thursday 29 September 2011
Tuesday 25 October 2011
Thursday 17 November 2011
Thursday 1 December 2011
Thursday 22 December 2011
Thursday 12 January 2012
Tuesday 14 February 2012
Thursday 8 March 2012
Tuesday 17 April 2012
15 June 2011
8 July 2011
27 July 2011
17 August 2011
9 September 2011
7 October 2011
2 November 2011
25 November 2011
9 December 2011
4 January 2012
20 January 2012
22 February 2012
16 March 2012
25 April 2012
PUBLIC INFORMATION
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Or
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Log on to www.lambeth.gov.uk
Click on Council and Democracy in the menu on the left hand side
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HEARING PROCEDURE FOR LICENSING SUB-COMMITTEE
Full information on the procedure is sent to all parties to the hearing. The information below is a
précis of that information.
Parties to the hearing must notify Licensing Services within prescribed timescales (these vary
according to the type of hearing) that they intend to attend and/or be represented at the hearing
and whether any witnesses will be attending on their behalf.
The hearing will operate as follows (subject to the discretion of the Chair)
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In the form of a discussion led by the Committee; cross examination will not normally be
permitted.
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A total of 3 minutes speaking time is normally allowed for each party. Any preliminary points
will be treated separately.
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Where there is more than one representation raising the same or similar grounds, those
parties should consider nominating a single representative to address the Sub-Committee on
their behalf at the hearing.
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Parties to the hearing may be permitted to ask questions of any other party or witness.
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Parties to the hearing may be required to answer specific questions from members of the
committee seeking clarification of information.
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The typical order of the hearing will be as follows:
1. Chair will ask all parties and witnesses to introduce themselves and this should include a
brief explanation of the purpose of their attendance.
2. Officers present the report.
3. Committee members ask questions of officers.
4. Applicant speaks.
5. Applicant's witnesses speak (with permission of Chair).
6. Committee members ask questions of applicants and their witnesses (only applies to
witnesses who have been given permission to speak).
7. Other parties speak.
8. Other parties’ witnesses speak (with permission of Chair).
9. Committee members ask questions of the other parties to the hearing and their witnesses
(only applies to witnesses who have been given permission to speak).
10. Applicant (with exception and with permission of Chair) asks questions of the other parties
to the hearing and their witnesses.
11. Other parties to the hearing (with exception and with permission of Chair) ask questions of
the applicant/other parties to the hearing and their witnesses.
12. Chair's closing remarks.
13. Committee retires to make their decision.
14. Legal adviser informs the hearing of any advice that they have given to the committee
during the decision making process.
15. Committee announces decision and gives reasons.
16. After the hearing officers will write to all parties to confirm the committee's decision.
Page 1
Agenda Item 3
b
L
LICENSING SUB-COMMITTEE
Tuesday, 19th April, 2011 at 7.00 pm
MINUTES
PRESENT:
Councillor Jack Hopkins, Councillor Leanne Targett-Parker and
Councillor Diana Braithwaite
APOLOGIES:
ALSO PRESENT:
Councillor Helen O'Malley and Councillor Shirley Cosgrave
Action
required by
1
ELECTION OF CHAIR
MOVED by Councillor Hopkins and SECONDED by Councillor
Braithwaite:
RESOLVED: That Councillor Targett-Parker be elected as Chair of
the meeting.
2
DECLARATIONS OF INTEREST
There were no declarations of interest.
3
MINUTES
RESOLVED: That the minutes of the previous meetings held on 22
March 2011 and 15 April 2011 be approved and signed by the Chair
as a correct record of the proceedings.
4
LICENSING APPLICATIONS FOR THE GRANT / REVIEW OF A
PREMISES LICENCE
4(a)
LIVE NATION (MUSIC) UK LTD, CLAPHAM COMMON EVENT
SITE, CLAPHAM COMMON SW4 (CLAPHAM COMMON WARD)
Page 2
Presentation by the Head of Consumer Protection and
Sustainability
The Sub-Committee was informed that this was an application for a
new (time limited) premises licence. The Sub-Committee’s attention
was drawn to chapters 8, 9 and 10 of the Statutory Guidance, and to
Section 5, 7, 8, 9, and 11 of the Statement of Licensing Policy, as
the ones particularly relevant to this application. The options
available to the Sub-Committee were set out in paragraph 5.10 of
the report on page 17.
It was also confirmed that the date of the event had been confirmed
as the 10 September, 2011 and it would run from 11am to 10pm;
however an open ended application was still requested.
Presentation by the Applicant
Representatives from Live Nation, Sainsbury PLC and their Legal
Advisor informed the Sub Committee that:
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This application was for a combined sport and music event to
raise awareness for the Paralympics Games 2012
Sainsbury were the official partner of the Paralympics
Games, hence their involvement in this event
The event was aimed at families and all proceeds (after
expenses) would be donated to the Paralympics Association
Live Nation were renowned for large event management and
had a good reputation
The intended day for the event would be 10 September 2011,
however it was requested that the open ended application for
10 months still be granted
Licensable activity would take place between 11am – 10pm
They wanted to leave the application open, in case any
unforeseen circumstances meant they had to change the
date
They would give two months’ notice of a new date if the 10
September 2011 (agreed date) was not viable or had to be
cancelled
They would adhere to any conditions imposed by the Safety
Advisory Group and those contained with the Lambeth
Events protocol
There was an amendment to the original plan of use, and
would not include the bandstand area, to allow use of a main
footpath
Cost of tickets for the event stood at £45 for adults and £35
for children under 12 and there would be no re-entry to the
event
The event was organised on behalf of Sainsbury
Live Nation specialised in these types of events and have an
in house team dedicated to the preparation of this event
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All relevant plans have been submitted and agreed and the
noise plan was put together by a reputable firm
Sainsbury was the first Paralympics sponsor; they were very
proud and wanted the event to be successful
Another objective of the event was to raise awareness of the
Paralympics games
They would promote the Paralympics games through music
and sport
In response to questions from members the applicant confirmed:
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They were hoping to launch the event on the 20 May and
make an announcement on the 9 May
Any regulated entertainment would not commence before
11am and would continue until 10pm. However set up and
rehearsals would be before that hence the application for
9am start
There would be various activities throughout the day, such as
sports and family events
The area for licensable activity was generous on the space
per person ratio and the density factors used to calculate
were industry standard
It was envisaged that there would be a mixture of standing
and sitting customers
The area could hold 63,000 people but it was decided on only
having 50,000 people attend
It was the first time Sainsbury had done an event of this
nature
The crowd management plan was being finalised by the
Safety Advisory Group
The event management plan could be submitted as a draft (if
so requested), it was not submitted as part of the application
due to the sensitivity and confidentiality of the event
It was normal for an event plan to be submitted at a later date
and not with the application, Live Nation had vast experience
of preparing such plans and they were drafting a detailed
plan for this event
To maximise the potential revenue a 10pm finish was
essential and finishing any sooner would not be worthwhile
Channel 4 may broadcast the event live and a spectacular
finish was planned for dusk, which could not happen if the
event finished any earlier
There would be a clear indication at any point on the number
of people that would be within the venue
Emergency egress would take 10 - 15 minutes, normal
egress would take 30 minutes
Music genres would predominantly be pop music, similar to
“Party in the Park” events and was aimed customers between
the ages 12 – 18 accompanied by parents
Definitely no hard rock music
Challenge 25 policy would be in operation in the bars within
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venue.
No formal engagement with wider public just with the
objectors, this was mainly due to the sensitivity and
confidentiality of event. Further communications would be
issued once the plans were agreed
Price was targeted towards a day’s entertainment and were
benchmarked with Thorpe Park and Alton Towers and other
such venues
A bond of £10k for any damage to the common was kept by
the Lambeth Events Team
The Designated Premises Supervisor (DPS) would be an
employee of Live Nation, however if the bar were contracted
out the DPS may change and relevant authorities would be
informed immediately
Rehearsals would be kept to a minimum, maybe held two
days before and would not go until 10pm, it could take place
between 11am – 7pm. During rehearsals there would not be
continuous noise
Indications were that families would still be attracted to this
type of event up until 10pm
There would be lighting around the event, and an element of
lighting as people leave at 10pm which would be turned off
once the venue was closed and all people had left
Lambeth Events team agreed the 50,000 people to attend
event
They would work with Transport for London and London
Underground to mitigate, manage and control any problems
The wheelchair user’s platform was larger than usual, green
space was difficult to make totally accessible to disabled
customers
There would be a number of family areas which would
include shaded areas and baby changing facilities
Car parking on the netball courts had been agreed by the
events team and was submitted as part of the original plan
There would be two main areas, sport area and music area
where they would alternate events throughout the day
Sainsbury did not make the application due to confidentiality.
Presentation by Interested Parties
Councillor Shirley Cosgrave (Ward Councillor), Gareth Hughes
(local resident), Anna Jefferson Smith (Clapham Society) and
Marcus Hope (Vice Chair of Friends of Clapham Common), said
that:
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They wanted the application refused outright, due to the lack
of detail in their paperwork for such a huge event
The application had been cobbled together; there was no
clarity on date until today
It was unfair and not feasible to have an open application and
there were many dangers in approving such an application
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There had been no engagement with the local community
They noted that the event was laudable however the
application should be withdrawn and re-submitted with proper
documentation
The application had no evidence to satisfy the SubCommittee that event would be run properly, the SubCommittee could not rely solely on the reputation of Live
Nation that was not how the licensing process worked
There was no mention on protection of children in the
application, and there were concerns about the playground
(which was used heavily) which was located near to the
entrance of the event
Cost of the tickets was unreasonable in the current economic
climate
If the Sub-Committee were to grant the application they
should consider reducing hours, and the entrance should be
moved
The event aimed to showcase the Paralympics Games;
however there was no disabled access at Clapham Common
and Clapham South tube stations
No parking was available in area, so public transport would
be used heavily and that would be disadvantageous to
disabled people
The Sub-Committee could not grant the licence until an
impact assessment has been done
This type of event could lead to the commercialisation of
Clapham Common
The main concern was the numbers and lack of management
detail
There was potential impact outside the area, and there was
no detail on how that would be managed. That type of detail
would be included in management plan
There was conflicting information on the hours, but alcohol
should not be sold before midday
Live Nation had said they would not preclude further events if
an open ended application had been granted and they had
evidence of such comments
This was a rock concert dressed up as a fundraising event,
as that was the type of event that Live Nation were famous
for
The Sub-Committee asked for the Applicants to answer further
questions and they said the following:
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They understood the Sub-Committee’s concern on the open
ended application and asked for that part to be withdrawn.
They would be happy for the application date to be fixed for
the 10 September 2011 with licensable hours between 11am
– 10pm. They also wanted it noted that they had no intention
of having more than one event
They had not got to the final stages of the planning and that
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was the reason no management plan was submitted with
application. However the management plan did exist and was
being reviewed by the Safety Advisory Group
No representations have been made from the responsible
authorities
The Sub-Committee could impose specific conditions if they
had concerns with particular elements of event and they
needed to ignore anything not related to the licensing
objectives
Adjournment and Announcement of Decision
At 10:05pm the Sub Committee withdrew from the meeting together
with the legal advisor and clerk to deliberate in private.
The Sub-Committee had heard and considered representations
from Councillor Shirley Cosgrave (Ward Councillor), Gareth Hughes
(local resident), Anna Jefferson Smith (Clapham Society) and
Marcus Hope (Vice Chair of Friends of Clapham Common
Legal advice was given to the Sub-Committee on the options open
to them and the need for any decision to be proportionate. The SubCommittee decided to grant the application for a time limited licence
with amendments to the operating schedule and additional
conditions. The conditions offered by the applicant were also agreed
and included.
The Chair also stated that the application was poorly presented and
there was a considerable lack of detail for such a large event in
terms of attendees and licensable areas.
The Sub-Committee acknowledged that the applicant had now
defined the date and took into consideration that they had
experience of managing and planning such large events and the
Licensing Sub-Committee believed that the applicant satisfactorily
addressed concerns raised.
RESOLVED: To Grant the application for a time limited premises
licence for an event on Clapham Common which will take place on
the 10 September 2011.
Amendments to operating schedule:
Films, Indoor Sporting Events, Boxing or Wrestling
Entertainment, Live Music, Recorded Music, Performances of
Dance and Provision of Facilities for Dancing.
Saturday 10 September 2011
11:00 - 21:00
Supply of Alcohol (consumption on the premises only)
Saturday 10 September 2011
11:00 - 21:00
Page 7
With a terminal hour of 22:00 (Saturday 10 September 2011),
whereby all guests and staff (including performers and athletes)
must have left premises.
Additional Conditions:
(1)
All flood lights for the sporting and music stages must be
switched off by 9pm, and the only remaining flood
lights/lighting is to allow for guests and staff (including
performers and athletes) to leave premises.
(2)
Set up and rehearsals to be limited between 11:00 – 19:00
on the two days prior to the event (8 and 9 September 2011).
(3)
Any dismantling and packing up would take place on Sunday
11 September 2011 from 10:00hrs and not before.
Conditions offered by applicant:
(4)
The Premises Licence Holder shall prepare and submit a
comprehensive Event Management plan to the Safety
Advisory Group prior to the event which will include details of
the measures that will be adopted to promote the licensing
objectives. These policies will include:
(a) Crowd management and emergency procedures
(b) Door supervisors and search procedures
(c) Safety and emergency planning procedures
(d) Sanitation and water supply
(e) Emergency first aid and ambulance provision
(f) Fire risk assessment to include provision of fire
equipment
(g) Noise management plan
(5)
The Premises Licence Holder shall employ a professional
crowd management company who will liaise with the
appropriate officer of Lambeth Council and the police and
work with the organisers to minimise the potential of crime of
disorder.
(6)
The Premises Licence Holder shall produce event risk
assessments and implement suitable and satisfactory
measures for the protection of the public at the event.
(7)
Prior approval will be obtained for the use of any special
effects and relevant health and safety information relating to
their use will be provided.
(8)
The Premises Licence Holder will invite the relevant officers
of Lambeth Council to undertake site inspections prior to the
event in accordance with an agreed schedule.
Page 8
(9)
The Premises Licence Holder will facilitate multi agency
meetings during the event at pre-determined intervals.
(10)
A dedicated structure will be provided at the event for
Lambeth Public Protection to allow a panoramic view of the
event site.
(11)
The Premises Licence Holder shall employ a competent
acoustic consultant with responsibility for ensuring that
maximum noise levels will be managed during the event.
(12)
The Premises Licence Holder shall organise and manage a
dedicated noise telephone line for receiving any noise
complaints.
(13)
A challenge 25 policy will be adopted for the event and the
Designated Premises Supervisor shall ensure that all bar
staff are fully trained in the age verification process
The Chair confirmed that written notification of the decision would
be sent with seven working days.
4(b)
LITHIUM, 30-32 QUEENSTOWN ROAD, SW8 3RX (CLAPHAM
TOWN WARD) - VARIATION
Presentation by the Head of Consumer Protection and
Sustainability
The Sub-Committee was informed that this was an application for a
variation to the current premises licence. The Sub-Committee’s
attention was drawn to chapters 8, 9 and 10 of the Statutory
Guidance, and to Section 5, 7, 8, 9, 10 and 11 of the Statement of
Licensing Policy, as the ones particularly relevant to this application.
The options available to the Sub Committee were set out in
paragraph 5.8 of the report on page 16.
Presentation by the Applicant
The applicant and his legal representative informed the Sub
Committee that:
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The premises was previously being run as a night club, but
now wanted to operate as a bar
The venue would be used for different events and groups to
benefit the local community
All noise issues were the fault of the previous owner
Contact details had been given to local residents to complain
of any noise problems
There were inconsistencies with the complaints regarding
noise complaints, as the premises had no events and in
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some cases was not open when complaints had been made
Clients had been working with the noise team to mitigate any
noise and had spent a considerable amount of money on
installing noise reduction equipment
Premises would always generate some sort of acceptable
noise
Premises next door had been closed due to noise complaints
and it would be a shame if the same had happened
In response to questions from Members, the applicant confirmed:
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Regulated activity was being added to the licence
They had consulted with the police and they suggested the
removal of certain conditions
There was a difference in opinion with regard to noise and
some of residents had contacted the council directly
They wanted to keep lines of communication open, and did
want to work with the local residents
The Council had set sound levels and there had been no
tampering with those levels
It would help if there was a definitive level to work with
A number of works had been done to mitigate the problem
such as mounting speakers away from walls, the use of
acoustic mats, sound proofing treatment and changing the
layout of the bar
The noise team were asked to come out to measure again,
but have not done so as yet
When they had met with residents they accepted that some
noise would be generated
Any extra works that were suggested by the noise team were
completed
A substantial amount of money had been sent on equipment
and consultants
They had never been formally reprimanded by the Council
They were not running the premises as a night club and had
complied with noise team and licensing personally on all
occasions
Presentation by Interested Parties
Local residents said that:
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Their main concern was the level of noise generated
They were surprised that they were not operating when some
of the complaints had been made
Noise was very uncomfortable, and extremely heavy bass
and went on until 1am on a number of occasions
There were lots of examples of where bass was audible
Sometimes there was a variation in noise, but noise was
generated none the less
The noise generated affected their day to day lives, making it
Page 10
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difficult to sleep and creating a stressful environment
The building was not compatible with the use they wanted
Problems began on the 17 December when they re-opened
When levels were set by Geoff Scott of the Council’s noise
team, things were better but they could still hear noise
One particular resident spent £13k in sound proofing
treatment
The previous sub-committee heard concerns of the residents
and that was why they had included an “inaudible” condition
Bar staff would turn down the music when the noise team
turned up and that was why complaints were never
substantiated
The premises was not suitable as a nightclub but operated as
one
They objected to the removal of the inaudibility clause
The plans did not indicate it would be used as nightclub but
the hours did, i.e. being open until 3am
The premises wanted the inaudibility clause removed so the
volume could be increased
In response to questions from Members, local residents confirmed:
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The applicant had spent money to improve the problem but
the problem still existed
The dance area had been removed to try and mitigate the
problem, but the noise was still the same
The applicant informed residents that music was not loud
enough to dance and that people absorbed noise
They were further concerned that a DJ booth had been
installed, which indicated the premises would be used as a
night club.
In response to questions, Lambeth Noise Team said the following:
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Previously the back area was where the music was
predominantly played but it had now moved to the front area
The sound limiter was not working properly, the applicant had
now fixed it but the noise team had not checked it as yet
Levels set would not work as a nightclub due to the structure
of building
The aim was to ensure no bass in the flat directly above the
premises; this would mean there was no noise in other flats
that were previously affected
There had been 9 or 10 complaints but no statutory noise
nuisance was substantiated
Statutory nuisance was defined as noise interfering with
normal activity
Adjournment and Decision
At 11:45pm the Sub-Committee withdrew from the meeting together
Page 11
with the legal advisor and clerk to deliberate in private.
The Sub-Committee had heard and considered representations
from the local residents, in particular the issues around noise and
the ongoing problems it created.
Representations from the applicant were also considered in that
they had tried to solve the problems by investing in sound proofing
treatment and noise reduction techniques.
Legal advice was given to the Sub-Committee on the options open
to them and the need for any decision to be proportionate. The SubCommittee decided to grant the application with additional
conditions.
RESOLVED: To grant the application with additional conditions.
Additional Condition
All sound is to be fed through the sound limiter which was to be set
by the noise team as per their recommendation of 80 dB(A)
Announcement of Decision
Members returned to the meeting and the Chair informed those
present of the decision to grant the application with added
conditions and provided reasons for the decision as outlined above.
The Sub-Committee had considered all the options available to
them but ultimately felt that the applicant tried to address the
concerns which had been raised, which was why a restriction was
put onto the level of noise generated.
4(c)
LITHIUM, 30-32 QUEENSTOWN ROAD, SW8 3RX (CLAPHAM
TOWN WARD) - REVIEW
Presentation by the Head of Consumer Protection and
Sustainability
The Sub-Committee was informed that this was an application for a
review of the current premises licence. The Sub-Committee’s
attention was drawn to chapters 8, 9 and 10 of the Statutory
Guidance, and to Sections 5, 7, 8, 9, 10, and 11 of the Statement of
Licensing Policy, as the ones particularly relevant to this application.
The options available to the Sub-Committee were set out in
paragraph 5.10 of the report on page 17.
Presentation by the Applicant
A representative of the applicant informed the Sub Committee that:
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They were still experiencing bass and loud music from the
premises
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There was a clear specification on the licence about no bass
They accepted that no statutory nuisance was being caused,
but there was a clear breach of the licensing conditions
Live music was not fed through any of the limiters
Even with ear plugs noise could still be heard
In response to questions the Noise Team advised the SubCommittee of the following:
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There had been issues with fluctuations in the sound and it
was discovered that there were problems with the equipment
which had now been fixed but not tested
All music should be limited through the system, and only
equipment that is amplified could be fed through the limiter
(i.e live drum kits cannot be fed through the system)
Presentation by Premises Licence Holder
The Premises Licence Holder and his legal representative, said that:
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•
•
•
•
Live music was not a regular occurrence
They had worked on the issues raised by listening to
feedback from the residents
There was a misunderstanding on some of the dates, the
premises were not open on some of the dates listed in the
noise diary that was submitted
The business had suffered a financial loss over the last few
weeks while this issue was being sorted
The sound system had zonal controls so sound could be
regulated in other areas of bar
It was discovered that a ventilation shaft existed after
opening the walls and that could be the cause of the problem
Everything they had done was on the advice of the Council
It seemed that some residents were noise sensitive
Some of the accusations made against the premises were
extraordinary which was quite concerning
Police had never been called to the premises and there were
no representations from statutory bodies
Adjournment and Decision
At 11:45pm the Sub-Committee withdrew from the meeting together
with the legal advisor and clerk to deliberate in private. Legal advice
was given to the Sub Committee on the options open to them and
the need for any decision to be proportionate.
The Sub Committee accepted the grounds brought by the
application for a review of the premises licence were well founded
and that the condition imposed at the variation hearing would
address the concerns of the applicant and fellow residents.
Page 13
RESOLVED: To accept the grounds for the review and impose an
additional condition as per the decision for the variation hearing held
on the 19 April 2011, namely:
•
All sound is to be fed through the sound limiter which was to
be set by the noise team as per their recommendation of 80
dB(A)
Announcement of Decision
Members returned to the meeting and the Chair informed those
present of the decision accept the grounds for the review. The SubCommittee had considered all the options available to them but
ultimately felt that the premises licence holder tried to address the
concerns which had been raised, which was why a restriction was
put onto the level of noise generated.
The meeting ended at 0.15 am
CHAIR
LICENSING SUB-COMMITTEE
Tuesday, 26th April, 2011
Date of Despatch: Wednesday, 27 April 2011
Contact for Enquiries: Wayne Chandai
Tel: 020 7926 0029
Fax: (020) 7926 2361
E-mail: [email protected]
Web: www.lambeth.gov.uk
The action column is for officers' use only and does not form a part of the formal record.
Page 14
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Page 15
b
L
LICENSING SUB-COMMITTEE
Tuesday, 26th April, 2011 at 7.00 pm
MINUTES
PRESENT:
Councillor Jack Hopkins, Councillor Leanne Targett-Parker and
Councillor Brian Palmer
APOLOGIES:
ALSO PRESENT:
Action
required by
1
ELECTION OF CHAIR
MOVED by Councillor Jack Hopkins, SECONDED by Councillor
Brian Palmer and
RESOLVED: That Councillor Leanne Targett-Parker be elected as
Chair of the meeting.
2
DECLARATIONS OF INTEREST
There were no declarations of interest.
3
MINUTES
The agreement of the minutes of the previous hearing held on 19
April 2011 was deferred to the next meeting.
4
LICENSING APPLICATIONS FOR THE GRANT / REVIEW OF A
PREMISES LICENCE
4(a)
AKAIRY NEWSAGENT, 21 NEW PARK ROAD, LONDON SW2
4DU (BRIXTON HILL WARD)
Page 16
Presentation by the Head of Consumer Protection and
Sustainability
The Sub-Committee was informed that this was an application for a
variation to the current premises licence. The Sub-Committee’s
attention was drawn to chapters 8, 9 and 10 of the Statutory
Guidance, and to Sections 5, 7, 8, 9, 10 and 11 of the Statement of
Licensing Policy, as the ones particularly relevant to this application.
The options available to the Sub-Committee were set out in
paragraph 5.8 of the report on page 4.
In response to questions from Members, the Head of Consumer
Protection and Sustainability confirmed:
•
•
•
This was an application to extend the hours of supply of
alcohol (off sales only) to 24 hours a day
The current permitted hours of sale were 0800 to 2300
Monday to Saturday and 1000 to 2230 on Sunday
One representation had been received against the
application, raising concerns in relation to crime and disorder,
and public nuisance
A map and photographs of the premises were circulated.
Presentation by the Applicant
Mr Saqib Rafique, applicant, and his representative Deborah
Sylvester informed the Sub Committee that:
•
•
•
•
•
•
•
•
•
Mr Rafique had four years’ experience of working in licensed
premises and had run Akairy Newsagent for over a year
During this time there had been no problems with noise,
public nuisance or underage sales
The premises had been licensed for around ten years
Addressing the concerns raised in the objection, they stated
that they did not see how extending the hours of alcohol sale
would increase prostitution in the area
Mr Rafique did not allow prostitutes to frequent his shop
unless they were buying groceries
The premises was already licensed to sell alcohol during the
times the nearby school was open
Mr Rafique was putting numerous measures in place to
comply with the licensing objectives including extensive staff
training, a Challenge 25 policy to prevent underage sales, a
refusals book and age-related posters
The shop already had CCTV which would be supplied to
police in the event of any concerns over underage sales or
crime and disorder
There were five other premises with 24 hour alcohol licences
in the vicinity and Mr Rafique did not want to trade at a
disadvantage
Page 17
•
•
They were happy to offer a condition stipulating that signs be
erected reminding customers to leave quietly
There had been no representations by the police or
environmental health
In response to questions from Members, the applicant confirmed:
•
•
•
Mr Rafique was the designated premises supervisor (DPS)
and personal licence holder and worked in the shop
alongside one other member of staff, who also held a
personal licence
If the application was successful, he would seek to take on a
new member of staff
As part of staff training, employees were required to check
and sign the list of people to whom sales were banned every
week
Presentation by Interested Parties
The objector was not present so the representation was considered
on the basis of their written submission.
Adjournment and Decision
At 7.15pm, the Sub-Committee withdrew from the meeting together
with the legal advisor and clerk to deliberate in private.
The Sub-Committee had heard and considered representations
from Mr Rafique and his representative, and had considered the
points raised in the written objection.
Legal advice was given to the Sub-Committee on the options open
to them and the need for any decision to be proportionate. The SubCommittee decided to grant the application with one condition for
the following reasons:
•
The Sub-Committee believed that the measures outlined by
the applicant and the condition offered were sufficient to
address the concerns raised in the objection and satisfy the
licensing objectives
RESOLVED: To grant the application with the following condition:
Condition
Suitable and adequate notices are to be placed outside the
premises to remind patrons to leave quietly.
Announcement of Decision
Members returned to the meeting and the Chair informed those
Page 18
present of the decision to grant the application, and provided
reasons for the decision as outlined above. The Sub-Committee had
considered all the options available to them and ultimately felt that
the applicant met the concerns which had been raised. The Chair
confirmed that written notification of the decision would be sent in
due course.
4(b)
THE SOUTHBANK CENTRE, BELVEDERE ROAD, SE1 8XX
(BISHOP'S WARD)
The application was withdrawn by the applicant prior to the meeting
and was not therefore considered at this hearing.
The meeting ended at 7.25 pm
CHAIR
LICENSING SUB-COMMITTEE
Thursday, 26th May, 2011
Date of Despatch: Friday, 6 May 2011
Contact for Enquiries: Gary O'Key
Tel: 020 7926 2183
Fax: (020) 7926 2361
E-mail: [email protected]
Web: www.lambeth.gov.uk
The action column is for officers' use only and does not form a part of the formal record.
Page 19
b
L
LICENSING SUB-COMMITTEE
Monday, 9th May, 2011 at 2.00 pm
MINUTES
PRESENT:
Councillor Jack Hopkins, Councillor Paul McGlone and
Councillor Leanne Targett-Parker
APOLOGIES:
ALSO PRESENT:
Action
required by
1
ELECTION OF CHAIR
MOVED by Councillor Jack Hopkins, SECONDED by Councillor
Paul McGlone and:
RESOLVED: That Councillor Leanne Targett-Parker be elected as
Chair of the meeting.
2
DECLARATIONS OF INTEREST
There were no declarations of interest.
3
LICENSING APPLICATIONS FOR THE GRANT / REVIEW OF A
PREMISES LICENCE
3(a)
MIRAGE (AKA FUN BAY), 386 STREATHAM HIGH ROAD SW16
6HT
Presentation by the Licensing Manager
The Sub-Committee was informed that this was an application by
the Metropolitan Police for a review of the current premises licence
on the grounds of serious crime and disorder. This followed an
Page 20
expedited review hearing, held on 15 April 2011, at which the SubCommittee decided to take the interim step of suspending the
licence, pending this full review. The Sub-Committee’s attention was
drawn to chapters 8, 9 and 10 of the Statutory Guidance, and to
Sections 5, 7, 8, 9, 10 and 11 of the Statement of Licensing Policy,
as the ones particularly relevant to this application. The options
available to the Sub-Committee were set out in paragraph 5.10 of
the report on page 5.
A map and photographs of the premises were circulated. Members
also confirmed that they had viewed a DVD of CCTV footage from
the night of 11 March 2011 which was referenced in the application.
Presentation by the Applicant
Sergeant Steve Strange and PC Hannah Eldridge of the Police
Licensing Team informed the Sub-Committee that:
•
•
•
•
•
The premises was a club known as Mirage but was
previously called Fun Bay, which was still the name on the
licence
They had last spoken to the Designated Premises Supervisor
(DPS), Charles Lwanga, in March 2011; Mr Lwanga had
stated that he had nothing to do with the venue and would
not engage with the police
They had never seen or spoken to the Premises Licence
Holder (PLH), Tony Rugette, and had been informed that he
no longer lived in the UK
They believed the venue was currently being run by the DPS
of another licensed premises
The DVD of CCTV footage which showed the incidents
mentioned in the review application was obtained from
Council footage monitored by an operator at Shakespeare
Road
In response to a request by the Sub-Committee, Sergeant Strange
proceeded to outline the events shown on the CCTV recording as
follows:
•
•
•
•
•
The incident started at around 3am when a hire car pulled up
outside the venue at speed
Two men emerged from the car, one with a firearm, and
threats were made to security staff and patrons.
Subsequently, one person believed to be an associate of the
promoter was chased away from the venue
The car then drove off down the wrong side of the dual
carriageway
Later, the car returned at high speed and two men got out,
again with a firearm
The security staff took refuge inside the premises; the two
men threw bottles into the venue and again threatened the
Page 21
•
•
•
•
•
•
•
door staff with the firearm
A man thought to be a bodyguard for the promoter then
produced a handgun and threatened the two men, who ran
away before he returned to the premises with a firearm and
walked into the venue
It was unclear whether the firearm had been passed to
someone else or taken into the venue
Later, a fight took place on the pavement outside the venue
during which a female was struck in the eye with a stiletto;
this incident was watched by security staff
The female in question required hospital treatment and had
subsequently moved out of her home address due to threats
of violence
Police attended the incident following a call from a witness to
the assault and a previous call from security staff
When questioned, the door staff spoke about the assault but
did not mention the firearms incidents
The two men in the car had since been arrested, and
firearms and drugs were recovered. They were currently on
bail
In response to questions from Members, Sergeant Strange and PC
Eldridge confirmed:
•
•
•
•
•
•
•
•
Every attempt had been made by both the police and the
Licensing Team to contact the venue’s management but to
no avail
The DPS was uncontactable and never at the venue, but
remained legally responsible for events on the premises
They had spoken to the promoter on the phone but he would
not engage with the police
Due to the lack of management at the premises, they did not
believe any conditions would be effectively upheld and
therefore saw revocation of the licence as the only suitable
outcome that would promote the licensing objectives
Security staff at the venue were unlicensed and had been
observed standing around and not intervening in any
incidents during the CCTV recording
The man they believed was running the premises on the
night in question had repeatedly been asked for a list of
security staff working that night but had failed to provide one
Though it was a condition of the existing licence for the
venue to have a functioning CCTV system, the hard drive
which had been seized from the premises and investigated
by the police showed no footage from the night of 11 March,
despite containing images from before and after that date
The CCTV operator had phoned the police on the night of the
incident but officers at the scene were unaware of this, and
the existence of the footage, until later on
Page 22
Presentation by Interested Parties
The Designated Premises Supervisor (DPS) and the Premises
Licence Holder (PLH) were absent, as were any representatives of
the venue.
Adjournment and Decision
At 2.30pm, the Sub-Committee withdrew from the meeting together
with the legal advisor and clerk to deliberate in private.
The Sub-Committee had heard and considered representations
from Sergeant Strange and PC Eldridge.
Legal advice was given to the Sub-Committee on the options open
to them and the need for any decision to be proportionate. The SubCommittee decided to grant the review and revoke the premises
licence for the following reasons:
•
•
•
•
•
•
The management of the premises was extremely poor in that
the DPS and PLH were absent from the venue and there was
therefore no-one with overall responsibility for, or control
over, the events held there
Members of the security staff were unlicensed and allowed
incidents to happen, simply standing by and watching rather
than intervening
The people who held themselves as management were
reluctant to co-operate with either the police or Licensing
officers
Having viewed the CCTV footage and heard representations
from the police, the Sub-Committee was satisfied that the
events described, including a multi-firearm incident and an
assault on a female, took place, and that a male associated
with the promoter and/or door staff had brandished a gun
The evidence showed that the licensing objectives of public
safety and the prevention of crime and disorder were not
being upheld
The Sub-Committee did not believe the imposition of any
conditions would be effective in tackling the problems since
there was no effective management at the premises
RESOLVED: To grant the review application and revoke the licence.
Announcement of Decision
Members returned to the meeting and the Chair informed those
present of the decision to revoke the licence, and provided reasons
for the decision as outlined above. The Sub-Committee had
considered all the options available to them and ultimately felt that
revocation of the licence was both necessary and proportionate to
address the licensing objectives of crime and disorder, and public
Page 23
safety. The Chair confirmed that written notification of the decision
would be sent in due course and an appeal could be lodged within
21 days.
The meeting ended at 2.45 pm
CHAIR
LICENSING SUB-COMMITTEE
Thursday, 26th May, 2011
Date of Despatch: Tuesday, 17 May 2011
Contact for Enquiries: Gary O'Key
Tel: 020 7926 2183
Fax: (020) 7926 2361
E-mail: [email protected]
Web: www.lambeth.gov.uk
The action column is for officers' use only and does not form a part of the formal record.
Page 24
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Agenda Item 4
Page 25
b
26th May 2011
Licensing Sub-Committee
Item 4
Licensing Application for the Grant/Variation/Review of Premises
Licenses:
1 Asanka 66 Streatham High Road, SW16 1DA (St Leonard’s Ward)
2 Rodizio Brazil, 62 Clapham High Street, SW4 7UL (Clapham Town Ward)
3 Brazas Restaurant, 43-45 Tulse Hill, SW2 2TJ (Tulse Hill Ward)
Report authorised by: Sue Foster, Executive Director of Housing, Regeneration &
Environment
Executive summary
This report sets out details of applications for grant/variation/ of premises licences on
which representations have been submitted by interested parties, or details of
applications for a review of a premises licence.
Recommendation
That the application(s) set out in the Appendix to this report be considered having
regard to the Council's Licensing Policy, the Licensing Objectives and the
representation(s) received.
Consultation
Name of
consultee
Directorate or
Organisation
Internal
Jean Marc
Moorcarme
Governance and
Democracy
Date sent to
consultee
Date
response
received
from
consultee
11.05.11
Comments
appear in
report
para(s)
N/A
Report history
Authorised by
Executive
member:
Date report
drafted:
Report deadline:
Date report sent:
N/A
11.05.11
13.05.11
12.05.11
Page 26
Report no:
37/10-11
Report author and contact for queries:
John Smith, Licensing Manager
0207 926 6140; [email protected]
David Bright, Head of Consumer Protection & Sustainability
0207 926 6131
[email protected]
1.
Context
1.1
A licence from the Council is required for the supply of alcohol, and regulated
entertainment.
1.2
A person (includes a business) may make an application for a new Premises
Licence or a variation to an existing Premises Licence. Where representations
are received a Licensing Sub-Committee must consider the application. The
Sub-Committee, when considering such applications, shall carry out its function
under the Licensing Act 2003 with a view to the Council's Licensing Policy,
Statutory Guidance and promoting the licensing objectives.
2.
Proposals and reasons
2.1
The Licensing Sub-Committee has responsibility for exercising the Council's
powers in respect of the Licensing Act 2003. Determination by the Committee
of the applications appended to this report is required because
representation(s) to the application(s) have been received.
2.2
Details of the application(s) are set out in the Appendix to this report. All Statutory
consultation requirements have been complied with by the applicant(s) as set
out in paragraph 3 below. The results of consultation are reported in the
appendices relating to each application. Public notice has been given in
accordance with the requirements of the Licensing Act 2003.
2.3
The applicants and persons making representations have been invited to attend
the meeting.
2.4
The fees for premises and personal licences are prescribed within the Licensing
Act 2003; in the case of Premises Licences, the fees are based on the business
rate of the premises.
3.
Consultation requirements
3.1
The Licensing Act 2003 requires applicants for licences to consult and submit
relevant documentation to the Responsible Authorities as follows:
•
Fire Authority
•
Health & Safety Section
•
Noise Service
•
Police
•
Social Services
•
Town Planning
•
Trading Standards
Page 27
3.2
Applicants are also required to advertise the application by displaying public
notices on or near the premises and by advertising the application in a local
newspaper available in the vicinity of premises. An applicant’s’ failure to comply
with all of the above consultation requirements would invalidate the application.
All applications set out in the appendix of this report have complied with the
consultation requirements.
4.
Comments from Executive Director of Finance
4.1
Not applicable.
5.
Comments from Director of Governance and Democracy
5.1
The licensing of premises for the supply of alcohol, regulated entertainment and
late night refreshment fall within the provisions of the Licensing Act 2003.
When considering licence applications the Sub-Committee shall carry out its
function with a view to the Council's Licensing Policy, Statutory Guidance and
promoting the licensing objectives. The Licensing Objectives are:
•
•
•
•
5.3
The prevention of crime and disorder
Public safety
The prevention of public nuisance
The protection of children from harm
The Sub-Committee must ensure that all licensing decisions have:
•
•
•
•
a direct relationship to the promotion of one or more of the 4 licensing
objectives;
regard to the statement of licensing policy;
regard to the Secretary of State's Guidance;
there must not be a 'blanket policy' to the extent that it is applied so
rigidly that an exercise of discretion in each individual case is
precluded.
Applications must be considered with regard to the principles of fair process and
the Human Rights Act.
5.4
The purpose of Lambeth’s Statement of Licensing Policy is to make clear to
applicants and relevant representatives the considerations that will be taken into
account when determining applications. It is also intended to guide the Licensing
Committee when considering licensing applications; however the Licensing
Committee must consider each application on its own merit and only allow
exceptions to its own policy where the circumstances of the application justify it.
5.5
Subject to both the Council's Statement of Licensing Policy and Statutory
Guidance having been properly considered a Sub Committee may depart from
them if there are good reasons for doing so. Full reasons must be given and Sub
Committees should be aware that such departures could give rise to an appeal or
judicial review.
Page 28
5.6
The Statutory Guidance, Chapter 10, states that only necessary, proportionate
conditions, which promote one or more of the licensing objectives, should be
attached to the licence if it is granted (paragraph 10.11). The Licensing
Authority may therefore only impose such conditions as are necessary to
promote the licensing objectives arising out of the consideration of the
representations (paragraph 10.11), and should avoid straying into undisputed
areas (paragraph 9.24). Statutory Guidance also states that the pool of
conditions that are supplied by the Secretary of State should not be applied
universally irrespective of particular circumstances, but may be used as
examples that can be tailored to suit individual premises and particular
situations.
5.7
When considering an application for the variation of an existing licence only the
variation is subject to determination. No changes can be made to a licence or
the conditions attached unless they are subject to the variation application.
5.8
Members are advised that when considering applications to vary an existing
licence the following options are available to them by virtue of the Licensing Act
2003, Part 3, section 35, paragraphs 3 and 4.
Where relevant representations are made, the authority must – having regard to
the representations, take such steps (if any), as it considers necessary for the
promotion of the licensing objectives. The steps are (a) modify the conditions of the licence (conditions are deemed to be modified if
any are altered, omitted or any new condition added).
(b) reject the whole or part of the application
If neither of these steps are taken the application must be granted.
M
5.9
Members are advised that when considering applications for a new Premises
Licence the following options are available to them by virtue of the Licensing Act
2003, Part 3, section 18 paragraph 4.
Where relevant representations are made, the authority must – having regard to
the representations, take such steps (if any), as it considers necessary for the
promotion of the licensing objectives. The steps are:a) to grant the licence subject to the mandatory conditions and conditions
consistent with the operating schedule modified to such an extent as it is
considered necessary for the promotion of the licensing objectives.
b) to exclude any of the licensable activities to which the application relates
c) to refuse to specify a person in the licence as the premises supervisor
d) to reject the application
Page 29
5.10
When determining an application for a review of a premises licence members
may take any of the following steps they consider necessary to promote the
licensing objectives:
a)
b)
c)
d)
e)
f)
to modify the conditions of the licence
to exclude a licensable activity from the scope of the licence
to remove the designated premises supervisor
to suspend the licence for a period not exceeding three months
to revoke the licence
to take no action.
5.11
It is considered inappropriate for officers involved in the administration of
applications to make recommendations. However officers from the Responsible
Authorities may request conditions be imposed on a licence and make
recommendations with regard to the licensing objectives.
5.12
In accordance with the provisions of Part 1 of Schedule 5 of the Act, where a
Licensing Authority rejects in whole or in part an application to vary a premises
licence the applicant may appeal to a Magistrates Court within 21 days of being
notified of the decision.
5.13
Where persons who made relevant representations in relation to an application
contend that the licence should not have been granted, or that different or
additional conditions should have been imposed on the licence, they may
appeal to a Magistrates Court within 21 days of being notified of the decision.
6.
Appendices
6.1
1 Asanka 66 Streatham High Road, SW16 1DA (St Leonard’s Ward)
2 Rodizio Brazil, 62 Clapham High Street, SW4 7UL (Clapham Town Ward)
3 Brazas Restaurant, 43-45 Tulse Hill, SW2 2TJ (Tulse Hill Ward)
Page 30
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Agenda Item 4a
Page 31
Application No 1
APPENDIX 1
Applicant’s Name
Asanka Limited
Name and address of premises
Asanka, 66 Streatham High Road, SW16 1DA
Ward
St. Leonard’s
1.
Current Licence
1.2
The current licence permits the following Licensable activities/hours
Supply of Alcohol (for consumption on the premises only)
Monday - Sunday
11:00 – 23:00
Live Music, Recorded Music, Entertainment of Similar Description to Music
and Dance
Monday - Sunday
11:00 – 00:00
Non-standard timings for all authorised activities
New Years Eve From the end of permitted hours until the start of permitted hours
the following day.
2.
Application
2.1
Variation applied for:Live Music, Recorded Music, Entertainment Similar to Music/Dance and
Provision of Facilities for Similar Entertainment
Friday & Saturday
Monday - Wednesday
Thursday
Sunday
11:00
11:00
11:00
11:00
- 03:00
- 01:00
- 02:00
- 02:00
Late Night Refreshment
Friday & Saturday
Monday - Wednesday
Thursday
Sunday
23:00
23:00
23:00
23:00
- 03:30
- 01:00
- 02:00
- 02:00
Supply of Alcohol (for consumption on the premises only)
Friday & Saturday
11:00 - 03:30
Monday - Wednesday
11:00 - 01:00
Thursday
11:00 - 02:00
Sunday
11:00 - 02:00
Page 32
Hours the premises shall be open
Friday & Saturday
Monday - Wednesday
Thursday
Sunday
11:00
11:00
11:00
11:00
- 03:30
- 01:30
- 02:30
- 02:30
Opening Hours (Non-standard & Seasonal)
New Years Eve From the end of permitted hours until the start of permitted hours
the following day.
To increase the capacity of the premises from 150 to 200.
3.
Details of Representations
3.1
Following a representation from the Council’s Noise and Pollution team the
applicant has agreed the following changes to the application and conditions to be
added to the licence:
Live Music and Recorded Music
Friday & Saturday
Sunday - Thursday
11:00 - 03:00
11:00 - 24:00
•
A sound limiting device shall be set within the premises 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.
•
Clear and legible signage shall be displayed informing patrons to exit the
premises quickly and quietly.
•
That the provision of any form of regulated entertainment and amplified
activity (music or voice) in the rear patio and outdoor area to be prohibited
after 23:00 hours.
Eighteen representations have been received from interested parties i.e. residents
living within the vicinity of the premises, dealing with noise and disorder in the
area. There is also a representation from the Police Licensing team. The cut off
date for receipt of representations was the 27th April 2011.
Copies of the representations have been circulated under separate cover.
3.2
3.3
There have been 2 noise complaints regarding the premises and in the past twelve
months.
Temporary Event Notices have been given in respect of the following dates;
21-22.01.11
05-06.02.11
04-05.03.11
01-02.04.11
23-25.04.11
30.04.11
21.05.11
Page 33
4.
Observations
4.1
The premises when called Edo, and operated by a different licence holder was
subject to a review initiated by local residents in December 2008. At the review the
hours were reduced from a terminal hour of 02:00 Monday – Saturday to the hours
shown in 1.2 above.
4.2
The parts of the Statutory Guidance that are particularly relevant to this application
and the representation received are Chapters:
8 – Applications for Premises Licences,
9 – Determining Applications,
10 – Conditions Attached to Premises Licences.
4.3
The parts of the Statement of Licensing Policy that are particularly relevant to this
application and the representations are Sections:
5 – Premises Licences,
7 – Determination of applications,
8 – Conditions,
9 – Location of premises, licensing hours and the prevention of nuisance,
11 – Consideration of the Impact of Licensed Activities.
4.3
A map showing the location of the venue and photographs will be supplied at the
meeting. A copy of the application and the current licence are appended.
Page 34
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Application No 2
Agenda Item 4b
APPENDIX 2
Applicant’s Name
Rodizio Brazil Ltd
Name and address of premises
Rodizio Brazil, 62 Clapham High Street, SW4 7UL
Ward
Clapham Town Ward
1.
Current Licence
1.1
There is no current or recent licence in respect of this venue, which most
recently traded as a café without the sale of alcohol.
2.
Application
2.1
An application has been made for the grant of a new Premises Licence, which
seeks authorisation for the following activities:
Live Music, Recorded Music, Provision of Facilities for Making Music,
Provision of Facilities for Dancing
Sunday - Wednesday
10:00 - 01:00
Thursday - Saturday
10:00 - 03:00
Late Night Refreshment
Sunday - Wednesday
Thursday - Saturday
23:00 - 01:00
23:00 - 03:00
Supply of Alcohol (for consumption on and off the premises)
Sunday - Wednesday
09:00 - 01:00
Thursday - Saturday
09:00 - 03:00
Hours the premises may open to the public
Sunday - Wednesday
08:00 - 01:30
Thursday - Saturday
08:00 - 03:30
3.
Details of Representation(s)
3.1
Representations were accepted in respect of this application until the 28th April
2011. Four representations were received from interested parties in this period –
three from local residents and one from a residents association. The
representations all express concerns over the potential for increased disruption,
detritus and anti-social behaviour in the area, and cite an over-saturation of
licensed premises in the vicinity. Copies of the representations have been
circulated under separate cover.
3.2
No representations were received from responsible authorities in respect of this
application.
3.3
As this application relates to a new business, there is no history of noise or
licensing complaints, and no Temporary Event Notices given.
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4.
Observations
4.1
The parts of the Statutory Guidance that are particularly relevant to this application
and the representation received are Chapters:
8 – Applications for Premises Licences,
9 – Determining Applications, and
10 – Conditions Attached to Premises Licences.
4.2
The parts of the Statement of Licensing Policy that are particularly relevant to this
application and the representations are Sections:
5 – Premises Licences,
7 – Determination of applications,
8 – Conditions,
9 – Location of premises, licensing hours and the prevention of nuisance,
10 – Later Hours Policy, and
11 – Consideration of the Impact of Licensed Activities.
4.3
A map showing the location of the venue, photographs and details of other
licensed premises in the vicinity will be supplied at the meeting. A copy of the
application is appended.
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Agenda Item 4c
Application No 3
APPENDIX 3
Applicant’s Name
Mr Antonio Maurilio Goncalves
Name and address of premises
Brazas Restaurant, 43-45 Tulse Hill, SW2 2TJ
Ward
Tulse Hill Ward
1.
Current Licence
1.1
A Premises Licence is in force in respect of this premises, which currently
authorises the following activity:
Supply of Alcohol (for consumption on and off the premises),
Hours the premises may open to the public
Monday - Thursday
10:00 - 22:00
Friday & Saturday
10:00 - 23:00
Sunday
11:00 - 19:00
2.
Application
2.1
An application has been made to vary the existing Premises Licence, to add the
basement of 43 Tulse Hill in to the scope of the licence, and to increase the
entitlement to licensable activities as follows:
Live Music
Monday - Thursday
Friday & Saturday
Sunday
19:00 - 22:00
19:00 - 01:00
12:00 - 22:00
Recorded Music
Monday - Thursday
Friday & Saturday
Sunday
15:00 - 23:00
15:00 - 02:00
12:00 - 23:00
Late Night Refreshment
Friday & Saturday
23:00 - 02:00
Supply of Alcohol, Hours the premises may open to the public
Monday - Thursday
10:00 - 23:00
Friday & Saturday
10:00 - 02:00
Sunday
11:00 - 23:00
2.2
The applicant has confirmed that an error was made on page 5 of the application
form in ticking the box for outdoor music, and that he is seeking approval for indoor
music only.
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3.
Details of Representation(s)
3.1
Representations were accepted in respect of this application until the 18th April
2011. Two representations were received from local residents within this period,
expressing concerns about the potential for public nuisance to be caused by the
proposed activities. One of these representations has subsequently been
withdrawn after the writer was informed about the measures agreed with noise
officers (see next para) and the removal of outdoor music for the application form.
Copies of the representation have been circulated under separate cover.
3.2
Noise officers have agreed a number of further measures with the applicant, to be
added to the licence as conditions if this variation is granted.
•
A sound limiting device suitable for the nature of the entertainment to be
provided, shall be installed within the basement prior to the commencement
of the licence.
•
The sound limiting device installed at the premises shall be set at a level as
agreed by council officers prior to the commencement of the licence.
•
All amplified music within the basement shall be played through the existing
music system in place.
•
A personal licence holder shall be at the premises at all times while
regulated entertainment is provided.
•
There shall be a dispersal policy commencing 20 minutes prior to closing,
consisting of:
o Lowering tempo and volume of music
o Gradually increasing lighting
o Encouraging patrons to leave the premises quickly and quietly
•
Clear and legible signage shall be displayed informing patrons to exit the
premises quickly and quietly.
No other representations were received from responsible authorities in respect of
this application.
3.3
No complaints in respect of this premise have been received by Licensing or Noise
in the last 12 months.
4.
Observations
4.1
The parts of the Statutory Guidance that are particularly relevant to this application
and the representation received are Chapters:
8 – Applications for Premises Licences,
9 – Determining Applications, and
10 – Conditions Attached to Premises Licences.
4.2
The parts of the Statement of Licensing Policy that are particularly relevant to this
application and the representations are Sections:
Page 85
5 – Premises Licences,
7 – Determination of applications,
8 – Conditions,
9 – Location of premises, licensing hours and the prevention of nuisance,
10 – Later Hours Policy, and
11 – Consideration of the Impact of Licensed Activities.
4.3
A map showing the location of the venue and photographs will be supplied at the
meeting. A copy of the application and the current licence are appended.
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