Agenda, decisions and minutes

RESOLVED that the minutes of the meeting of the Licensing Committee held on 27 August 2019 be confirmed and signed.

None.

Licensing Committee 10 September 2019 – Alpha Lounge 100-104 Lewisham High Street SE13 5JH

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:

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, it was agreed that there should not be any changes to the premises licence.

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

1.      Members of the Committee considered the representations made by the Crime, Enforcement and Regulation Service on the ground of undermining the licensing objective of the prevention of Public nuisance.

2.      The Committee noted that a statutory noise nuisance had been witnessed and an abatement notice issued on 27 March 2019. Further noise nuisance was witnessed and two separate breach letters were issued.

3.      Members of the Committee were advised that Alpha Lounge agreed to install a sound limiter within 2-3 weeks in March 2019. It was in fact installed in May 2019.

4.      Members were advised that the premises attract in excess of 50 cars to the premises. This causes a traffic jam.  On one occasion an ambulance was unable to drive close enough to the premises to help a patron. 

5.      Members of the Committee noted the representation made by the premises licence holder and his representative Mr Dadds. There is no evidence to prove that the cars parked in Lewisham High Street belonged only to the patrons of Alpha Lounge.

6.      Members of the Committee noted that although there had been noise nuisance at the beginning of the year, the premises licence holder had apparently received an email from a person within Lewisham Council stating that no further action would be undertaken / was required.

7.      The submission from Mr Dadds was noted. Of relevance, Members thought, was the fact that all complaints had been received from one household and no others.

8.      Members noted that Club Vibes and Alpha Lounge are within close proximity of each other and no real evidence was presented that proved from which premises the music emanates. 

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9.      Members of the Committee agreed that the decision made isproportionate and the four licensing objectives will not be at risk.

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

3.2      Ms Hooper said that members were being asked to consider the application for a review of a premises licence in respect of Alpha Lounge 100-104 Lewisham High Street SE13. It had been sought by Kelly Hickmott of the Crime, Enforcement and Regulation (CER) service. She outlined the current licensed hours for the premises. Two representations had been received from residents living within the local area. She outlined the options open to members of the Committee.

3.3      Mr Dadds confirmed that the grounds for the licensing objectives that had been engaged were for the prevention of public nuisance and public safety. It was not brought on the grounds of crime and disorder.

            Applicant

3.4      Ms Hickmott said that since 13 February 2019, the CER service have been receiving complaints regarding excessive loud music, particularly the base, emanating from the Alpha Lounge. She said that she has been trying to mediate between the premises and local residents, but has been unable to resolve the issues.

3.5      On 16 March 2019, CER officers visited the complainants’ address. During this visit officers witnessed noise which was deemed to be a statutory noise nuisance. On 27 March 2019, an abatement notice was issued. A ‘ breach of licence conditions’ letter was also served on 21 March 2019. However, CER officers are still receiving complaints.

3.6      Officers visited Club Vibes and Alpha lounge on 27 April and 18 and 26 May 2019 and witnessed the music from the complainants’ property and at street level. Officers deemed the noise to be unsatisfactory and a statutory nuisance was witnessed. This was in breach of the abatement notice served in March 2019.

3.7      The CER team received two further complaints from residents living within a short distance from the club. They have not only complained about the level of the music but also the noise from patrons attending the club and leaving in the early hours of the morning.

3.8      Ms Hickmott said that officers also witnessed in excess of 50 cars parked in the high street. On one night, an ambulance vehicle had difficulty parking close to the club to assist a patron who needed medical assistance.

3.9      On Sunday 16 June 2019, officers made a further visit to the complainants’ house. At 0145 officers witnesses a statutory noise nuisance. Both officers provided statements to confirm that there was a statutory nuisance despite previous breaches of the abatement notice.

3.10    Officers made a further visit on 13 July 2019 at 01:15.Officers were outside the premises and noise could be heard clearly from both Alpha lounge and Club Vibes. Officers could distinguish between the music emanating from each club.

3.11    Following a review of the premises licence for Club Vibes, a significant number of representations have been received from the public. They highlight the concerns about both premises, both of whom contribute to the noise nuisance  ...  view the full minutes text for item 37.

            The Chair advised members of the Committee that agreement had been reached between the applicant and objector. This application had, therefore, been withdrawn.

RESOLVED that under Section 100 (A) (4) of the Local Government Act1972, 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 paragraph 3 of Part 1 of Schedule 12 (A) of the Act, as amended by the Local Authorities (Executive Arrangements) (Access to Information) (Amendments) (England) Regulations 2006 and the public interest in maintaining the exemption outweighed the public interest in disclosing the information:

            6. Bento 47-49 Lee High Road SE13

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

Members of the Committee were advised of the following breaches of the Premises Licence for Bento:

·                          No summary licence on display

·                          No licence on the premises

·                          None of the 12 officers knew the name of the DPS

·                          The DPS on the licence left in 2014

The premises licence was revoked

            At 7.20pm, the Committee went into closed session to consider item 6, the review of a premises licence for Bento 47-49 Lee High Road SE13.

At 7.30pm, the Committee returned to open session.

BenTo 47-49 Lee high Road SE13

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:

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 premises licence was REVOKED.

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

Members of the Committee were advised of the following breaches of the Premises Licence for Bento:

·                          No summary licence on display

·                          No licence on the premises

·                          None of the 12 officers knew the name of the DPS

·                          The DPS on the licence left in 2014

The premises licence was revoked

            This item was deferred until 9 October. Ms Der Man said that she had confirmed with Mr Dadds that should there be any further representations or information for his client to address, that he would be provided with 5 clear working days before the meeting.

            RESOLVED that this item be deferred until 9 October 2019. (This was subsequently changed until 16 October 2019)