Agenda, decisions and minutes

RESOLVED that the minutes of the meeting of the Licensing Committee held on 29 May 2019

None.

            Ms Spall advised members that conditions had been agreed and the application had been withdrawn.

            Ms Spall advised members that conditions had been agreed between the agent and the licensing authority and the application had been withdrawn.

Representation in respect of the application made by Lisa Spall, Crime, Enforcement & Regulation Service for a Review of the Premises Licence, for Oregano Leaf 98 New Cross Road SE14 5BA.

In the matter of this Premises Licence review,the Committee has considered all the relevant representations made by all parties.

The Committee has made the following determination with a view to ensuring the promotion of the licensing objectives in accordance with the provisions of the secretary of state’s guidance and the principles of our licensing policy:

The premises licence is REVOKED.

In coming to a determination, the following factors were taken into account; 

1.   Members of the Committee noted that Oregano Leaf has a long history of non-compliance. In 2017, it was discovered that they were opening 3-4 hours after their licenced hours. There were 472 licensing offences, which means that they were open 472 times after their licensable hours. A report on Oregano Leaf has been submitted to this Licensing Committee on four occasions.

2.   Licensing officers have, in the past, educated the premises licence holder in licensing matters rather than revoke the licence. They have met with management on several occasions to explain their responsibilities of having a premises licence.

3.    The Premises Licence holder shows a total disregard for the four licensing objectives. Licensing officers discovered that the business has been sold but officers had not been advised about this sale.

4.   Members of the Committee noted that the premises licence holder nor a representative was present at the meeting.

5.   Members of the Committee noted that the premises is in the Cumulative Impact Zone. The existence of a CIZ encapsulates the emergence of licenced premises within a small geographical area which has hindered the safeguarding of key licensing objectives. Therefore, new and existing licensed premises within a CIZ have a greater expectation and responsibility to exhaust all possible measures to trade responsibly within the scope of their premises licences.

6.   Members of the Committee, therefore, agreed that it was both appropriate and proportionate for the premises licence to be revoked, as this would address the licensing objectives of the prevention of crime and disorder and public nuisance.

5.1      Ms Spall said that members were being asked to consider an application for the review of a premises licence for Oregano Leaf 98 New Cross Road SE14 5BA.

5.2      Ms Spall gave members a background to these premises; it has a long history of non-compliance. In 2017, it was discovered that they were opening 3-4 hours after their licenced hours. There were 472 licensing offences, which means that they were open 472 times after their licensable hours. Lewisham’s Enforcement policy states that officers should educate before taking enforcement action. Ms Spall and licensing officers have met with management on several occasions to explain the responsibilities of having a premises licence. After this, the licence was transferred from brother to brother and they received education on this issue. Over the past two years, a report on Oregano Leaf has been submitted to this Committee 4 times. The last time was on 30 January 2019, when an application was made to extend their licensable hours. This was refused.

5.3      Ms Spall said that traders who persistently fail to uphold the licensing objectives are put on a routine visiting list by police and licensing officers. During one of these visits, on 20 April 2019, the premises was trading at 0104, when it should have shut at midnight. A delivery driver was on site as well as a customer. An order was taken in front of officers

5.4      On 14 April 2019, an order was received at 0228. Ms Spall said that she has written to Oregano Leaf on three occasions because their premises licence is not on display. On 20 April 2019, the licence was still not displayed.

5.5      Ms Spall said that Oregano Leaf show a total disregard for the four licensing objectives. Yesterday, she heard that the business has been sold. Ms Spall said that officers were not told about this sale. She rang the new premises licence holder who did not know about this review.

5.6      Councillor Elliott asked whether officers had heard from Oregano Leaf since Ms Spall’s letter sent to them on 25 April 2019.  Ms Spall said that she had not received a response. When she spoke to the new owner, Omar, he said that he wants to extend his hours for the sale of refreshments

5.7      Ms Spall said that whenever she has visited Oregano Leaf in the past, she has witnessed a breach in the conditions on their licence. On 19 January 2019, she asked for a copy of the CCTV. They did not have it. P.C Gerry said that the business has been sold many times to different members of the family.

5.8      Members of the Committee then withdrew to make their decision. When they           returned it was:

RESOLVED that the premises licence be revoked.