Post on 23-Aug-2020
From: WebsiteTo: LicensingSubject: Form submission from: Comment on a licence application - formDate: 18 December 2016 21:17:35
Submitted on Sunday, December 18, 2016 - 21:17Submitted by user: AnonymousSubmitted values are:
==Your personal details== Title: Mrs First name: Steve Last name: Taylor Email Telephone:
==Your address== Address: The Polygon, London UPRN:
==Your comments== Which application do you want to comment on? Omnibus, 1 North Side Clapham Common, (Clapham Town). Premises License Number 1647
Preventing crime and disorder: Whilst this premises is an arts centre it should not be given preferential treatment. If their application is granted it sets a precedent for other licensed premises in the Old Town. Public safety: Preventing public nuisance: As a local resident close to the venue, virtually every night of the week I am woken up as a result of the night time economy. Please don't create more reason for disturbance. Protecting children from harm: Any other comments: Supporting evidence 1: Supporting evidence 2: Supporting evidence 3:
Lambeth council has set out plans for the latest budget savings - find out more at http://lambeth.gov.uk/toughchoices
Obection Rep 1
ANNEX B
Obection Rep 2
Obection Rep 3
I therefore appeal to the committee to reject the application.
I would like to attend the hearing.
Protecting children from harm: Any other comments: Supporting evidence 1: https://www.lambeth.gov.uk/system/files/webform/comment-on-licence-application/Printed%20minutes%2011112015%201900%20Licensing%20Sub-Committee.pdf Supporting evidence 2: Supporting evidence 3:
Lambeth council has set out plans for the latest budget savings - find out more at http://lambeth.gov.uk/toughchoices
L
LICENSING SUB-COMMITTEE
Wednesday 11 November 2015 at 7.00 pm
MINUTES PRESENT: Councillor Michelle Agdomar, Councillor Matthew Bennett and
Councillor Saleha Jaffer
APOLOGIES: Councillor Amélie Treppass
ALSO PRESENT: Councillor Linda Bray
Action required by
1 ELECTION OF CHAIR
MOVED by Councillor Matthew Bennett SECONDED by Councillor Saleha Jaffer and: RESOLVED: That Councillor Michelle Agdomar be elected as Chair of the meeting.
2 DECLARATION OF PECUNIARY INTERESTS
None were declared.
3 MINUTES
RESOLVED: That the minutes of the previous meetings held on 7 & 20 October 2015 be approved and signed as a correct record of the proceedings.
4 LICENSING APPLICATIONS FOR THE GRANT / REVIEW OF A PREMISES LICENCE
4a TRINITY RESTAURANT - 4 THE POLYGON, CLAPHAM, LONDON SW4 0JG (CLAPHAM TOWN)
Presentation by the licensing officer:
The Sub-Committee was informed that this was a variation application for an existing premises licence. The Sub-Committee’s attention was drawn to chapters 2, 8, 9, 10 and 15 of the Statutory Guidance, and to Sections 4, 5, 6, 7, 8, 9 and 16 of the Statement of Licensing Policy (appendices 1, 2, 3, 4, 5, 7, 9) as the ones particularly relevant to this application. The options available to the Sub-Committee were set out in paragraph 6.2 of the report on page 47 of the agenda papers. The Licensing Officer confirmed:
This was an application to vary an existing premises
licence.
This was an application for additional floor space which
would include the sale of alcohol.
The application could be found on page 43 of the agenda
papers. The floor plans could be found on page 59.
The applicant had provided a response to those who had
provided a representation. A request had been made for a
conciliation meeting. This meeting had occurred and the
applicant had submitted additional information summing up
the key points discussed at the meeting. This additional
information could be found as part of the additional agenda
papers.
Responsible authorities, including Environmental Health,
Noise teams and Metropolitan Police had initially made
representations which were subsequently withdrawn after
conditions had been agreed between the applicant and the
responsible authorities. These conditions could be found on
page 77 of the agenda papers.
Representations could be found from page 61 of the
agenda papers.
Residents had been made aware of the conditions that had
been agreed by the applicant and responsible authorities
but had not withdrawn their representations.
Presentation by the applicant: The applicant, Mr Angus Jones informed the Sub-Committee that:
He was a partner at Trinity restaurant.
He was seeking a variation to the existing licence for
additional floor space on the first floor and outside seating
for which he had a highway licence allowing the business to
place an additional twenty-four seats outside the premises
from 09:00-23:00.
Following a meeting with residents on 27 October 2015
addressing their concerns, those present were generally
satisfied that appropriate measures would be taken to
prevent noise transmission.
The main issue with residents related to the outside
seating. It had been suggested that the terminal hour for
the service of alcohol be 21:00. Others had suggested a
terminal hour of 19:00.
The business only had a minimal amount of time for trading
from the outside area.
Customers may feel aggrieved if they were not able to
consume a glass of wine after 21:00, particularly in the
summer. Those people could then place large orders of
alcohol before the terminal hour as they would be permitted
to sit at the table until 23:00. This could put pressure on
staff to meet increased service demands and could lead to
drunkenness.
The clientele attending the restaurant was very mature and
generally not loud.
This was a high end restaurant and was well managed.
There had been no violent incidents occurring at the
premises.
The outside seating complemented the urban regeneration
which had taken part in the area. The area would still
maintain considerable pedestrian space and contributed to
the Lambeth vision of vibrancy and enjoyment in the area.
Residents were benefiting from the urban piazza in the
area.
The premises would have no music, no vertical drinking
and only serve alcohol ancillary to food.
There was a clearly defined service area at the premises.
No smoking would be allowed and the business wanted the
premises to continue to display a refined experience.
Loud, rowdy behaviour would not be tolerated.
A terminal hour of 22:00 for the sale of alcohol outside the
premises was being sought for several reasons. Premises
staff had the option of bringing customers sitting outside
into the premises and it was more feasible to do this after
22:00 as table space would more likely be available.
It was often the case that the premises would become
empty by 22:30 as customers would have finished by then.
People eating outside would not add to the additional noise
beyond traffic and the area’s general occupation of other
people.
Tables and chairs need to be brought inside at the end of
the evening and this would take place after customers had
left.
The premises staff were familiar with their neighbours and
any concerns could be addressed.
The premises was a nice restaurant.
In response to questions from Members, Mr Jones informed the Sub-Committee that:
In relation to condition six on page 77 of the agenda
papers, upon reflection with the licensing team, it was felt
that ending the supply of alcohol at 21:00 to tables & chairs
situated outside was difficult to operate.
Only condition six on page 77 of the agenda papers was
contentious. All other conditions had been agreed.
However, he did not feel that the full version of the BCRP
scheme was appropriate for the premises and was more
suited to pubs and clubs.
At this point in the proceedings, the Licensing Officer present at the meeting clarified that the online BCRP scheme delivered alerts through the internet, however the radio scheme was generally geared towards the late night economy and was generally more focused towards bars and clubs. This scheme would cost the applicant £500 a year whereas the internet scheme was free. Mr Jones stated that the internet scheme was acceptable and he was agreeable to the remaining conditions with the exception of condition six on page 77 of the agenda papers. Calvin Mclean of Lambeth’s Noise Team informed the meeting that there was a separate highway licence in place under the Highways Act allowing the premises to place chairs and tables in the street outside the premises. The Legal Officer at the meeting informed that, generally, the consumption of alcohol was not a licensable activity. However, there could be a condition placed restricting the supply or consumption of alcohol after a certain time should the Sub-Committee consider it appropriate and proportionate for the promotion of the licensing objectives to do so. In response to further questions from Members, Mr Jones informed the Sub-Committee that:
There was seating for fifty people on the ground floor.
The premises would open from 18:30 but generally started
trading after 19:30. Most customers would arrive at the
premises from 20:00 to 21:00 whereby efforts would be
increased to assist the kitchen staff during the busy period.
The restaurant would start to quieten down by 00:30
whereby approximately six tables would be left occupied.
In the summer months, when al fresco dining would
generally be held, customers may attend the premises and
if told that alcohol would not be served later than 21:00 then
they may double order on alcoholic beverages.
Under the highways licence, patrons could sit outside until
23:00 consuming what they purchased before 21:00.
If the restriction of the supply of alcohol was placed after
22:00, then premises staff would be in a better positon to
bring patrons inside the premises.
Bringing customers inside after they had settled outside of
the premises was feasible after 22:00. If a group of
customers wanted to have an alcoholic drink after 22:00,
customers would be asked to come inside.
There were some new bi folding doors on the first floor.
One suggested condition proposed was that they be shut at
22:00. This would be acceptable. Although they would likely
be shut most of the time as it would be too windy outside to
keep them open. The doors were thick in structure and they
would be closed at 22:00.
In relation to potential noise caused by taxis outside the
premises, there had been a lane whereby taxis would wait
for potential customers. Due to the recent street
regeneration, this area had become pedestrianized. There
was still a lane which was occupied by taxis but premises
staff would generally call a taxi for customers and staff
would direct taxi drivers to pick up customers from the
pavement or the Old Town away from the pedestrianized
area. In the case of customers who were elderly or
disabled, the most appropriate action would be taken under
the circumstances.
The general manager would advise staff where appropriate.
He would be content with the bi folding doors closing at
20:00, however 21:00 would be a more preferred time. It
was important to consider the potential noise caused by the
premises against the general background noise in the area.
There was a substantial amount of traffic noise in the area
in addition to other members of the public.
The upstairs area was generally quiet. Rowdy noisy
behaviour and groups was not a common occurrence at
the premises.
Wheeled hardwood planters had been placed outside the
premises. They formed a perimeter around the area and
would contain plants so high that they would act as an
acoustic barrier. Customers would be contained within the
area.
Measurements had been completed in relation to the
minimum requirements for the distance between the tables
and chairs and vehicle traffic. The Highways team had
examined the premises and found there was approximately
2.9 metres allowed for vehicle traffic. This was substantially
more than the minimum requirements.
Calvin Mclean, Nose Team, informed the meeting that the highway licence that had been granted was subject to a minimum of 1.8 metres of available space for pedestrian use. The applicant had informed that there was approximately 2.9 metres for traffic. The Noise Team would have objected to the application if there was not at least 1.8 metres of space for pedestrian use. The Licensing Officer present at the meeting informed that a total of 3.1 metres of space had been cleared for cars and trucks to get through the area. Presentation from Interested Parties Mr Harvey Pettit informed the meeting that:
The proposed application on the forty-five covers on the
newly converted first floor was not a concern.
The concern related to the expansion of tables and chairs
on the public highway by 24 covers.
The area in which the tables and chairs would be placed
was a residential area. There were flats adjacent to
premises.
If one was living there, they would see tables and chairs
very close to bedroom windows. If one was to open a
window, they would be able to hear people congregating
and talking.
People would be allowed to eat and drink until 23:00.
The activities of the premises would have an adverse effect
on general quality of life for people that lived in the area.
There was a similar situation with regard to another
premises in the area which was opposite another facet of
The Polygon area. This premises was Bar 32 and premises
staff at Bar 32 would remove tables and chairs located
outside its premises at 19:30 so that residents would not be
disturbed.
The Sub-Committee should not allow for the supply of
alcohol until 21:00. A terminal hour of 19:30 would allow
diners to enjoy food and wine within an adequate time
period of time.
Ms Camilla Rex informed the Sub-Committee that:
The side of The Polygon that the restaurant was situated
was on the quiet side of the area.
Residents recognised that the premises was of a high
calibre, but as it was doubling its capacity, there would be
more noise created simply from bringing the tables and
chairs inside the premises once the premises closed for the
evening.
Residents were concerned about noise coming into homes
from outside tables. Her block was one metre to the left of
the premises. There were also bedroom windows seven
metres from the seating area.
There had already been one noise complaint.
There was limited ventilation in the local flats so windows
needed to be opened.
The meeting that had been held by the applicant had
agreed to a 21:00 terminal hour for the supply of alcohol,
however this agreement had later been rescinded by the
applicant. The terminal hour of 21:00 for the supply of
alcohol had been originally sought by Lambeth’s Licensing
and Trading Standards teams. The Sub-Committee was
requested to follow the original recommendations.
She had become aware through the course of the meeting
that it was possible for a condition to be applied for the
terminal hour for the consumption of alcohol. If this
condition was applied, then a terminal hour of 21:30 for the
consumption of alcohol would be appropriate, with the
supply of alcohol terminating at 21:00.
Mr Steve Taylor informed the Sub-Committee that:
He had lived in his home for fifteen years.
He had experienced an increasing number of broken night’s
sleep. This would increase with the additional seating.
He was unable to attend the conciliation meeting between
the applicant and the residents.
The business employing a dedicated taxi service was
potentially problematic in its practice. Taxis could be heard
reversing outside windows. Increasingly, more people were
starting to use their own taxi service.
Lambeth’s Licensing team had done well in setting
conditions and precedence for the nearby premises Bar 32.
Bedrooms were located further away from Bar 32
compared to the Trinity Restaurant premises.
There was a condition for Bar 32 whereby the seating in
Wingate Square was allowed from 09:00 to 21:00 and the
bi folding doors would remain shut.
Clapham Old town was becoming too similar to Clapham
High Street. The terminal hour for the supply of alcohol
should be set to 20:00.
The Licensing Officer at the meeting clarified that the condition referred to by Mr Taylor at the meeting applied to Wingate Square only and not for the side occupying Clapham Old Town. The condition was also a planning condition and there was no specific licensing condition relating to the restriction of tables and chairs on the highway. The Legal Officer present at the meeting informed the Sub-Committee that planning conditions did not relate to licensing conditions and was separate to the licensing objectives. The meeting heard that Wingate Square was privately owned land. The Sub-Committee recalled the applicant to address matters arising. In response to questions from Members, Mr Jones informed the Sub-Committee that:
The comparison to Bar 32 was unfair that particular
premises operated as a pub, although it served food.
Meals were not ancillary to the service of alcohol at Bar 32.
Trinity was a restaurant and focused on mature dining.
There was no rowdy behaviour at the premises. There was
already a condition in place permitting the presence of
chairs and tables outside the premises until 23:00.
An early terminal hour for the supply of alcohol would have
a large detrimental impact on the business.
Councillor Linda Bray informed the Sub-Committee that:
She was surprised that the highways licence appeared to
supersede any licensing conditions that could be placed by
the Sub-Committee.
She noted that the applicant had reduced the original
number of tables and chairs proposed to twenty-four in
total. However, a photograph of the premises appeared to
show that the number of tables and chairs outside allowed
for twenty seats in total. It was difficult to see how twenty-
four people could be adequately placed into the dining
areas unless they extended further forward and sideways.
This would mean an interference with the entrance of at
least one of the premises beside Trinity restaurant.
There was only room for one car to pass outside.
There was likely to be interference with motor vehicle
access.
Originally, the applicant had agreed to cease the supply of
alcohol at an earlier time but had gone back on his original
agreement.
Supplying alcohol until 22:00 would lead to diners
remaining outside until 23:00.
It was possible that although customers may not become
rowdy and display anti- social behaviour, it was likely they
would raise their voices and laugh loudly. This would cause
disturbance to residents and it was important to emphasise
that the premises was extremely close to people’s homes.
The piazza was quiet at night and apart from people
walking by and visitors to the restaurant, there was very
little noise with regard to Bar 32. She had spoken to the
manager of the Bar 32 premises who had confirmed that
the bi-folding doors in Wingate Square would close and
supply of alcohol would cease at 19:30 - although people
continued to eat and drink beyond 19:30.
Although she welcomed the upstairs seating, she believed
the terminal hour for the supply of alcohol should be 21:00
as originally had been agreed and that the number of
covers should be restricted to sixteen as four tables of four
had been displayed in the diagram.
The applicant was recalled to address matters arising. In response to questions from Members, Mr Jones informed the Sub-Committee that:
The premises had an appropriate licence to seat a
maximum of twenty-four people.
The planters did not have to be extended.
The number of tables that may be displayed at any one
time was a decision for the management.
The tables displayed as seen in the pictures had been set
out generally for aesthetic purposes.
The business was unlikely to trade outside of the premises
until the weather was more suited to the environment.
It was possible that a decision could be made to have
smaller tables or tables specifically set for two people.
However, the highway licence allowed for a maximum of
twenty-four people.
In response to questions from Members, Councillor Bray informed the Sub-Committee that:
As a Councillor, she had often received complaints about
other premises extending their seating area. Enforcement
officers would have to ask traders to replace planters back
into their original location.
Adjournment and Decision At 8:16pm, 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 Jones, Mr Pettit, Ms Rex and Councillor Bray. 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 decided to grant the application subject to conditions. RESOLVED: To grant the application subject to the following conditions. Licensing Authority Conditions Prevention of Crime and Disorder 1. The premises licence holder shall sign up for the online Business Crime Reduction Partnership (BCRP) internet scheme within two weeks of the licence being granted.
Noise Authority Conditions 2. There shall be no loud amplified music played on the first floor restaurant area. Background music is only permissible to safeguard the peaceful amenities of the adjoining residential properties. 3. All tables and chairs to the first floor shall remain in-situ at all times but can be changed/altered and moved around as and when required. 4. The sale of alcohol shall be ancillary to persons ordering a meal to be consumed on the premises and at the licensed tables & chairs area to the external frontage. 5. The bi-folding doors to the first floor front elevation of the building shall be closed at 21:00 Monday to Sunday. 6. Alcohol should not be consumed or supplied to patrons in the outside seating area after 22:00. 7. There shall be no sale or supply of alcohol to the public highway unless there is a valid tables & chairs licence in place. 8. There shall be no vertical drinking within the external tables and chairs area. 9. No customers shall be allowed to leave the licensed tables & chairs area whilst carrying drinking vessels or to consume alcohol on the public highway. 10. There shall be no amplified music played within the external licensed tables & chairs area. 11. Management/staff shall proactively monitor the conduct and behaviour of patrons to the external tables & chairs area to ensure no noisy, rowdy or anti-social behaviour. Those persons deemed to be engaging in such behaviour shall be asked to cease this activity and/or disperse from the premises and area quietly and efficiently. 12. From 23:00hrs, create a designated, cordoned smoking area to the public highway that shall be restricted to no more than 7 persons at any one time. 13. All tables & chairs to the external frontage shall be rendered unusable at the terminal hour for the tables & chairs licence and shall be placed inside the premises at closing time Monday to Sunday. 14. The premises shall undertake routine litter-picks to the external tables & chairs area during the business trading hours and at the terminal hour to remove all discarded litter, food waste/packaging, drinking vessels and cigarette butts. Announcement of Decision Members returned to the meeting and the Chair informed those present of the decision to grant the application. The Sub-Committee had considered all the options available to them and ultimately felt that the applicant was
able to address the concerns which had been raised. The Chair confirmed that written notification of the decision be sent in due course. Full reasons for the decision would be made available in due course.
4b PORTUGUESE PASSION - 105 NORWOOD HIGH STREET, LONDON SE27 9JF (GYPSY HILL)
This item was withdrawn from the agenda.
4c BULLFINCH BREWERY ARCH 887 ROSENDALE ROAD LONDON SE24 9EH (THURLOW PARK)
Presentation by the licensing officer The Sub-Committee was informed that this was an application for a new premises licence. The Sub-Committee’s attention was drawn to chapters 3, 8, 9 and 10 of the Statutory Guidance, and to Sections 6, 8, and 16 of the Statement of Licensing Policy (appendices 6, 7 and 9) as the ones particularly relevant to this application. The options available to the Sub-Committee were set out in paragraph 6.2 of the report on page 151 of the agenda papers. The Licensing Officer confirmed:
This was a new application for the grant of a premises
licence.
The application requested the sale of alcohol with the
applicant having recently agreed to a change the terminal
hour for the supply of alcohol to 22:00.
A copy of the application could be found on page 153 of
agenda papers.
After meeting with representatives, the applicant had
agreed to withdraw regulated entertainment from the
application.
Whilst undertaking the process of applying for the licence,
the applicant had submitted several TENs, seven of which
had been granted.
The plan of the premises was attached to the agenda
papers.
Seven representations had been received from local
residents. Six of these could be found on pages 177 - 185
of the agenda papers.
The seventh representation could be found on page 57 of
the additional agenda papers.
Agreed collated conditions could be found on pages 173-
175 of the agenda papers.
On 4 November 2015, the applicant submitted additional
information and these could be found in the additional
agenda papers.
Presentation by the applicant Representatives of the applicant, Ms Connie Morris and Mr Ryan Mclean informed the Sub-Committee that:
The premises was a family run microbrewery.
They had previously run a successful tap room business.
The business made a decision to move to Rosendale Road
to focus on their work.
A tap room was run differently to a bar or a pub.
The key role of tap room was to showcase beers. The
business had won two awards and was a place to establish
new ideas. It was an outlet for experimental offerings and
products.
The business was passionate about brewing new styles.
A tap room was good outlet for new beers.
A tap room also gave the consumer an opportunity to meet
with a brewer and ask any questions they may have.
The business was was a good way to support more local
business.
The beers created were full flavoured, to be savoured and
enjoyed. It was not for mass consumption.
There would only be six tables at the premises.
People in attendance would largely be middle aged
professionals and couples.
The premises had been empty for two years. The business
had no plans other than to be a micro-brewery and tap
room.
The business would be an asset to the wider community.
The business was considerate to the neighbours and would
close at 22:00.
In response to questions from Members, Ms Morris and Mr Mclean informed the Sub-Committee that:
The business had been sharing a premises in Bermondsey
with other businesses. However, due to the popularity of
the location, considerable space had been taken up in
Bermondsey and the management felt that it would be
appropriate to move to a more quiet area.
The closing time for the premises in Bermondsey was
23:00.
They were not the licence holder for the premises in
Bermondsey – another brewery present at the premises
held the licence. There were several business at the
premises in Bermondsey. There had been some
complaints from some local residents with regard to the
activities in Bermondsey, but these were resolved.
None of the complaints made involved their business at the
premises in Bermondsey.
The Licensing Officer informed the meeting that there had been seven Temporary Events held by the applicant at the premises. There had been no complaints. In response to questions from Members, Ms Morris and Mr Mclean informed the Sub-Committee that:
They had replied individually to all representations that had
been made.
When they moved into the area, they sent out letters inviting
people to meet with them. They were aware of some residents
being unhappy with their presence in the area.
Efforts had been made to keep a low profile in the area.
Presentation from interested parties Ms Katy Underwood informed the Sub-Committee that:
Her initial alarm to the application had been prompted before
the application had been considered. Residents had not been
informed with regard to the application.
Residents submitted their representations as individual
residents and had received individual communication in return.
She had become aware of the premises when she saw a
banner outside the premises and the business had also listed a
private party event on Facebook as a public event.
None of the residents had received the initial communication
from the applicant that were claimed to have been sent.
The party held by the premises had been advertised on
Facebook, therefore it was not a private party.
At the party, music was played.
There would be a substantial increase in noise if the shutters
were open at the back of the Westmoorland Lodge.
The supply of alcohol would be provided in close proximity to
residents and schools. Smells emanating from the premises
would have an adverse impact on residents’ lives.
When planning applications would be submitted, residents had
always been contacted by the Council.
The letters of support for the premises application were from
patrons rather than residents living in the area. The patrons did
not have to deal with noise.
Ms Bianca Ioannidis informed the Sub-Committee that:
Her home was located less than twenty metres away from the
premises.
Westmoorland Lodge was situated less than three metres
away from the premises.
The existence of the arches amplified sound around between
the buildings and even with a closing time of 22:00, the noise
would be significant.
It was positive to see local businesses coming into Herne Hill.
She had lived there for eleven years.
The street in which the premises was based did not have other
restaurants or pubs. It was a quiet residential area.
The premises was not on the High Road, it was closer to being
situated in a residential area.
She did not want the premises to operate as a bar and could
not see the difference between the tap room and a bar.
There were reports that the premises was serving spirits and
other strong alcoholic drinks.
If the premises was simply about people sampling drinks, then
it should not be open until 22:00.
The premises was less than thirty-three metres away from
bedroom windows including those of young children. If drinking
was allowed outside then noise would disturb people in
addition to disrupting the sleep of young children.
Even if there was a desire to only attract a responsible
clientele, there was no guarantee that this could be achieved.
One of the conditions stated that the premises may not be used
as a vertical drinking establishment. However, there were only
fifty-six tables at the premises. In the event that fifty people turn
up, it was unlikely that they would simply be turned away.
The business was marketing itself for events such as
Halloween and other events.
The premises had been listed on Time Out magazine as a bar.
If the business needed to have people come in to test drinks,
this was acceptable but it would be preferable to have the
opening hours reduced further.
She would encourage the Sub-Committee to amend the
operating hours so there would be minimal disruption caused to
neighbours.
She would request that the terminal hour for the supply of
alcohol be reduced to 19:00 or 20:00 so that children would be
able to sleep.
The noise caused by traffic and trains was not particularly
significant as this was white noise but shouting, loud talking
and music was not.
Mr John Brunton. Informed the Sub-Committee that:
The Herne Hill Society he represented did not object formally to
the application. They welcomed it and felt that it was positive
that the arches would be put to use.
The live and recorded music, indoors and outdoors and the
display of film was the most prominent concern.
Annex C in the agenda papers displayed the applicant’s
withdrawal of live record music and films.
He had attended the premises with the Herne Hill Society on 2
October 2015 and upon arrival at 18:30 found that recorded
music was playing at a loud level and not an ambient level.
This may have been an accidental occurrence. If this was to be
avoided, then a sound limiting device could be place to ensure
that the music was played at an ambient level.
With regard to supporting representations, the 2003 licensing
objectives did not include level of customer satisfaction so they
should not be considered by the Sub-Committee.
With regard to the representations made objecting to the
application, the Herne Hill Society had great sympathy with
what had been said by the previous interested parties and the
Sub-Committee needed to consider seriously the problems
which would arise with regard to a premises of this nature.
In response to questions from Members, Mr Brunton informed the Sub-Committee that:
There were 320 households who were members of the Herne
Hill Society.
Adjournment and Decision At 9:09pm, 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 Ms Morris, Mr Mclean, Ms Underwood, Ms Ioannidis and Mr Brunton. 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 decided to grant the application subject to conditions and amendments. RESOLVED: To grant the application subject to the following amendments and conditions: Amendments 1. The supply of alcohol would take place between the hours of 12:00-22:00 Monday to Saturday. 2. The provision of live music, recorded music and films would be removed from the application. Conditions Agreed Noise conditions: 1. There shall be no loud amplified music played within the premises. Background music is only permissible to safeguard the peaceful amenities of the neighbouring residential properties. 2. There shall be no speakers placed out in the courtyard. 3. All tables and chairs/benches within the premises are to remain in-situ at all times but can be changed/altered and moved around as and when required. 4. The premises shall not be used as a vertical drinking establishment. 5. Responsible drinking shall be promoted at all times. The PLH/DPS and all staff involved in the supply of alcohol shall be vigilant in preventing the
over consumption of alcohol to persons on the premises and further to ensure alcohol is not sold to street drinkers. Persons seeking alcohol for consumption off the premises shall be advised not to drink on the street and/or discard their drinking vessels on the public highway or in the front gardens/communal spaces of residential properties. 6. PLH/staff shall proactively monitor the conduct and behaviour of patrons inside the premises and the courtyard. Engagement to ensue where customers are deemed to be shouting or engaging in rowdy, anti-social behaviour to the detriment of residents within the vicinity. Those person(s) shall be asked to cease this activity and/or disperse from the premises quietly and efficiently. 7. Implement a dispersal policy from 22:00hrs to ensure all patrons leave the premises and vicinity as quietly and speedily as possible. Ensure that patrons are verbally advised by management/staff upon leaving to be mindful of the neighbouring residents so as not to disturb the peace. 8. Any tables & chairs/benches placed outside in the external courtyard shall be brought inside the premises at the terminal hour Monday to Sunday. 9. There shall be no emptying of bottle banks between the hours of 22:00 – 09:00hrs Monday to Sunday. Agreed Police Conditions: Protection of Children from Harm 1. The premises shall adopt an age verification policy set at a minimum of 25 years, whereby any person attempting to buy alcohol who appears to be under 25 (or the age set by the policy) will be asked for photographic ID to prove their age. 2. The only form of ID that will be accepted are passports, driving licences with a photograph or Citizen card or validated proof of age cards bearing the “PASS” mark hologram. The list of approved ID may be amended or revised subject to prior written agreement with Metropolitan Police Service. 3. Signage advertising the “Challenge” policy will be displayed in prominent locations in the premises and shall include the point of sale and the area where the alcohol is displayed, as a minimum 4. All staff members engaged, or to be engaged, in selling alcohol on the premises shall receive full training pertinent to the Licensing Act, specifically in regard age-restricted sales, and the refusal of sales to persons believed to be under the influence of alcohol or drugs. Induction training must be completed and refresher training thereafter at intervals of no more than twelve (12) weeks. All restricted sales training undertaken by staff members shall be fully documented and signed by the employee and the DPS. All training records shall be made immediately available upon request to the Local Authority Licensing Officers and Metropolitan Police Licensing Officers. Prevent Public Nuisance 5. The premises shall at all times maintain and operate a sales refusals log and an incident log will be kept on the premises to record all refusals
and incidents of crime or disorder. These shall be reviewed and signed by the Designated Premises Supervisor at intervals of no more than four (4) weeks. Feedback shall be given to staff to ensure these are used on each occasion that a refusal or incident occurs at the premises. These records shall be made immediately available upon request to the Local Authority Licensing Officers and Metropolitan Police Licensing Officers. 6. Patrons shall be requested not to congregate outside the premises and to leave the premises quietly. Notices to this effect must be prominently displayed at the entrances of the premises. 7. No open vessels shall be allowed off the premises. 8. The premises shall undertake routine litter-picks to the immediate area during the business trading hours and at the terminal hour to remove all discarded litter, food waste/packaging, drinking vessels and cigarette butts. Prevention of Crime & Disorder 9. Digital CCTV and appropriate recording equipment to be installed in accordance with Home Office Guidelines relating to UK Police Requirements for Digital CCTV System, operated and maintained throughout the premises internally and externally to cover all public areas, including the entrance to the premises and shall as a minimum cover the counter and the entrances/exits. The system shall be on and recording at all times the premises license is in operation. Page 174 10. The CCTV cameras and recording equipment must be of sufficient quality to work in all lighting levels inside the premises at all times. 11. CCTV footage will be stored for a minimum of 31 days 12. The management will give full and immediate cooperation and technical assistance to the Police in the event that CCTV footage is required for the prevention and detection of suspected or alleged crime. 13. The CCTV images will record and display dates and times, and these times will be checked regularly to ensure their accuracy. 14. Subject to Data Protection guidance and legislation, the management of the premises will ensure that key staff are fully trained in the operation of the CCTV, and will be able to download selected footage onto a disk or USB stick for the police without difficulty or delay and without charge to Metropolitan Police Service. 15. Any breakdown or system failure will be notified to the police immediately & remedied as soon as practicable. Public Safety 16. No beers, lagers or ciders will be sold in cans with an Alcohol By Volume (ABV) in excess of 6 % or in bottles larger than 750ml with an ABV in excess of 6% 17. No beer or cider cans to be sold in single units. Beer and cider only be sold in multiple packs of a minimum of 4 cans. 18. No miniature bottles of alcohol to be supplied. (25ml - 50ml).
19. Alcohol shall not be located in the immediate vicinity of the entrances and exits to the premises, but shall be in an area in which it shall be monitored by staff on a frequent and daily basis while licensable activities are taking place. 20. At all times the premises is open and undertaking licensable activity, members of staff engaged in the sale of alcohol must be able to communicate sufficiently to enable them to promote the four licensing objectives and to make an effective challenge. 21. Spirits, will only be displayed behind the till counter and will not be directly accessible to members of the public. 22. When it has been identified by Metropolitan Police Service or Local Authority that there is a significant risk, SIA door supervisor(s) shall be employed. 23. Those performing the role of SIA Door Supervisor will not perform any other role when engaged for the purpose of Door Supervision activities. 24. A Personal Licence Holder or Designated supervisor must be on site whilst licensable activities are taking place. 25. All staff members employed at the premises must have emergency contact numbers for the Premises Licence Holder or delegated responsible person readily available while operating under the premises licence. 26. An incident register will be kept on the premises to record all incidents of crime or disorder. This shall be made available upon request to the Local Authority Licensing Officers and Metropolitan Police Licensing Officers. 27. The Premises will be an active member of a Business Crime Reduction Partnership or similar group where there is one in operation. Announcement of Decision Members returned to the meeting and the Chair informed those present of the decision to grant the application. The Sub-Committee had considered all the options available to them and ultimately felt that the applicant was able to address the concerns which had been raised. The Chair confirmed that written notification of the decision be sent in due course. Full reasons for the decision would be made available in due course.
The meeting ended at 9:25pm
CHAIR LICENSING SUB-COMMITTEE
Tuesday 1 December 2015 Date of Despatch: Thursday 19 November 2015 Contact for Enquiries: Nazyer Choudhury
Tel: 020 7926 0028 Fax: (020) 7926 2361 E-mail: nchoudhury@lambeth.gov.uk Web: www.lambeth.gov.uk
The action column is for officers' use only and does not form a part of the formal record.
1
Representation against the variation application for a premises licence for Omnibus -
Clapham Library 1 Clapham Common North Side London
My name is Robert Gardner, Licensing Principal Officer and Licensing Manager and I am
making a representation against this application under the licensing objectives concerning
the Prevention of Public Nuisance and the Protection of children from harm.
Cumulative Impact Area (Saturation Zone)
The premises is not within the cumulative impact area zone as identified within the current
Council’s statement of licensing policy on page 32.
Classification of Area within the policy
According to the current Licensing Policy, Appendix 3 page 34 this area is designated as
local centre/shopping parades.
Classification of Premises within the policy
Appendix 4, page 36 of the policy classifies this as a restaurant and café. The policy further
states in regard of this type of premises the following:
That alcohol is sold to accompany food,
That there should be no drinking at bar,
That there should be a significant food offer and
that it may provide limited live music
Recommended Operational Hours within the policy
The terminal hours applied for in the application falls inside of the recommended terminal
hours for a premises under the above classification in the policy. The recommended hours
in the policy are:-
Sunday - Thursday 23:00
Friday – Saturday 00:00 (Midnight)
The variation concerns the following:
The removal of the second sentence in annex 3 Noise Team – condition 6 – "the use
of this area (the front garden) shall cease at 22:00 hours."
Current licensable hours and activities on the licence:
Plays, Films, Live Music, Recorded Music, Performances of Dance, Supply of Alcohol
Friday & Saturday 11:00 - 00:00
Sunday - Thursday 11:00 - 23:00
Late Night Refreshment
Friday & Saturday 23:00 - 00:00
Obection Rep 4
2
Non- Standard Timings
The premises have not applied for non-standard timings.
Operational Schedule
The application is for an existing licence therefore the applicant has said the current
operating procedures, conditions and policies will continue to apply.
Although the licence has conditions we feel that the following should be added on the
licence for the prevention of public nuisance and the Protection of children from harm.
Prevention of Public Nuisance
The premises shall prominently display signage informing customers at the entrance/exit:-
• To leave quietly and to respect your neighbours.
• Stating that CCTV is in operation and police have instant access to the footage.
• Any person found carrying weapons or illegal drugs will be permanently excluded
and the police will be informed.
The licensee will ensure that there is no vertical drinking outside.
All patrons using the outside space must be seated and have a maximum capacity of 30
persons.
The drinking vessels used outside should be Perspex and bottles should be decanted.
All tables and chairs outside will be fixed and there shall be no more than 8 tables.
Protection of children from harm
Children (under the age of 18) should not be allowed to use the front area unaccompanied
and must not use it after 9pm.
Children not allowed out there at a certain time