Agenda, decisions and minutes

RESOLVED that the minutes of the meeting of the Licensing Committee held on 16 July 2019 be confirmed and signed.

None.

This application was withdrawn following successful mediation between all parties.

representation in respect of the application by Huriye Archibold for a Temporary Events Notice, on 3^rd-4^th August 2019 at Sugahill 248 -259 Kirkdale Sydenham SE26 4NL, to confirm that the Committee made the determination shown below.

In the matter of the application for a Temporary Events Notice, 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 statutory guidance and the principles of our licensing policy, the application for the Temporary Events Notice, was APPROVED. 

In coming to a determination the Committee considered the following matters;

1.              The Committee considered the representations made by the Crime, Enforcement and Regulation (CER) Service. Complaints of noise nuisance have been received from the resident living above the premises and a noise nuisance has been witnesses by 2 CER officers on two occasions.

2.              The Committee noted that Sugahill has been operating for 12 years without any complaints. The events are held infrequently and the applicant has tried to mediate with the complainant.

3.              The Committee noted that the music played is 60’s and 70’s music which does not have loud base notes.

4.         The Committee agreed that the Licensing objectives would not be at risk if the application is granted.

4.1      The Chair welcomed all parties to the meeting and introductions were made. She then invited Ms Hooper to introduce the application.

4.2      Ms Hooper said that members were being asked to consider the application made by Huriye Archbold, for a TEN at Sugahill 248-259 Kirkdale Sydenham SE26 4NL. She outlined the nature and times of this application. Representations had been received from the Crime, Enforcement and Regulatory Service (CER) in relation to the licensing objectives of the promotion of prevention of crime and disorder, and of public nuisance and public safety.

            Representation

4.3      Ms Rhodes said that the CER objection is based on prevention of public nuisance and noise. The service has received a number of complaints from residents and two sets of officers have witnessed noise nuisance twice over the last two months.

            Applicant

4.4      Mr Archbold asked whether the complaints were received from the same person. Ms Rhodes confirmed that there is one complainant. The noise nuisance has been witnessed by CER officers twice. Mr Archbold said that this is a private complaint. Mrs Archbold said that by law it should be a public nuisance. Ms Der Man clarified that the licensing authority are making a decision by means of this Committee. In terms of nuisance, there is the law of nuisance and there is a public nuisance and a private nuisance. Within the context of the Licensing Act, there are four licensing objectives. One is the prevention of public nuisance. Members are seeking to ensure that not even one member of the public suffers a nuisance. She said that if a complaint is deemed to be disproportionate, for the event that is being applied for, then this will be taken into account.

4.5      Ms Rhodes said that two separate CER officers witnessed the noise nuisance on two occasions; 15 June 2019 at 1045. Two different officers went to the premises on 20/21 July when officers witnessed a noise nuisance and spoke to Mr Archbold. Mr Archbold asked whether there was any evidence; whether anything had been recorded. Ms Rhodes said that they do not have to make a recording of the nuisance. She said that CER officers were met with hostility by Mr Archbold. When asked to turn the music down he said that he did not have to because he had a TEN and the licence had been granted until 1am. She said that being granted a late licence is not an approval to create a noise nuisance. Mr Archbold said that the level of music was at the same level throughout the event, it was not turned up later in the evening. He said that the female officer who came to the premises was very rude and ruined a customer’s 50^th birthday party.

4.6      Councillor Handley asked Mr Archbold whether he had considered turning the music down towards the early hours of the morning. Mr Archbold said that they only play 60’s and 70’s music at a level that  ...  view the full minutes text for item 25.

RESOLVED that in accordance with Regulation 4 (2) (b) of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 and under Section 100(A)(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in paragraphs 1 and 3  of Part 1 of Schedule 12(A) of the Act,  and the public interest in maintaining the exemption outweighs the public interest in disclosing the information:

The following is a summary of the item considered in the closed part of the meeting.

5.         Lewisham Food Centre 213 Lewisham High Street London SE13 6LY

Conditions were added to the Licence.

7.1      The Chair welcomed all parties to the meeting and introductions were made. She then invited Ms Hooper to introduce the application.

            Licensing Officer   

7.2      Ms Hooper said that members were being asked to consider the application made by Shakiela Ellis-McKoy for a Temporary Event Notice for 15 Byron Close SE26 5SF. She outlined the nature and times of this application. Representations had been received from the Metropolitan Police and Lewisham’s Crime, Enforcement and Regulation Service in relation to the licensing objectives of the prevention of crime and disorder, and of public nuisance and public safety.

            Representation

7.3      P.C Gerry said that Lewisham Homes contacted Ms Ellis-Mckoy, advising her that they manage the land on which she intends to hold her event and they informed her that they will not give permission to hold the event on 3 August 2019.

7.4      P.C Gerry said that the event has been held twice in the last two years, and on each occasion the Police received a number of noise complaints and reports of anti-social behaviour. Lewisham Homes attend the event, and called for Police assistance. The event is held in a communal area and last year 150 people attended. On the same evening, another party was held in a hair salon in Sydenham Road, which is not too far from Byron Close. Someone was stabbed at that party. There was an investigation and an initial allegation made that the perpetrator had been in attendance at the Byron Close event.

7.5      In conclusion, P.C Gerry said that because of anti-social behaviour at the event last year and the fact that Lewisham Homes will not allow the event to take place on land that they manage, he recommended that the application to grant a TEN be refused. If the application for the TEN is granted, then anyone attending will be trespassers on that land. In addition, it could affect their tenancy.

Applicant

7.6      Shakiela Ellis-Mckoy said that the stabbing was not related to the event that she held last year. She did not know why the Police would suggest this or where the information originated. She said that she has lived in the area for 20 years and has never made noise. For the past two years she has arranged an annual event for the children. It is an event for everyone to enjoy and keeps children out of trouble. Last year, Police came at 01.30 and said everyone was enjoying themselves and they would not shut them down. She could not understand how Police now have a problem with the event.

7.7      She said that she has held this event twice before but did not know that she required a licence. Having applied for a TEN, as advised by Police and the CER team, she cannot understand why she is now being told that it cannot be held. The events were successful, enjoyed by all residents including those in other blocks.

7.8      The Chair asked about the fact that Lewisham Homes will not  ...  view the full minutes text for item 28.