Agenda, decisions and minutes

RESOLVED that the minutes of the meeting of the Licensing Committee held on 14 November 2019be confirmed and signed.

None.

in respect of the application made for the variation of a Premises Licence, for Sugahill 250 Kirkdale SE26 4NL to confirm that the Committee made the determination shown below.

In the matter of the application for the variation of a Premises Licence, the Committee considered the relevant representations made.

The Committee 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 change of licensable hours was REFUSED. It was agreed that the current Annex 2 condition could be removed.

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

1.    The Committee considered the written representations made by local residents. They stated that loud music is played until the early hours of the morning and affects residents’ ability to sleep. Historically, unregulated parties are held and the area is soiled with litter and urine after these events.

2. The Committee also noted the written and verbal representation made by the Crime, Enforcement and Regulation team. Officers had been receiving complaints since September 2017. There is an abatement notice in place, served on the 16 August 2019. This notice was breached on the 17 August 2019 and officers had been to the premises and witnessed nuisance on four occasions. On two occasions, the noise was deemed to be a statutory nuisance. During a licensing visit in March 2019, it was noted that the CCTV was not accessible and several sign were not displayed.

3    The Committee considered the verbal representation made by Councillor Copley on behalf of local residents. He had received complaints from neighbours regarding anti-social behaviour and intimidation by the owners of Sugahill. The complainants alleged they have held loud late night parties and the applicants were aggressive when challenged about this. Residents did not attend the meeting for fear of reprisals from the applicants.

4.   The Committee noted applicants’ claims that they had reported a resident to the Police following an altercation. They also claimed that their local councillor and Lewisham officers had not been helpful to them. Members also noted their claims that residents were not telling the truth about the nuisance they claimed to be enduring.

5.    Members noted the applicants’ claims that they have been in the borough for several years and run successful charity events. Although they are well known in the community, members agreed that this should not prevent the applicants from upholding the licensing objectives

6.    Members agreed that the applicants had not made any efforts to address the common concerns raised by several residents regarding the level of the music played and the intimidation they claimed to be experiencing, when residents approached the applicants to resolve this and other issues of concern.

7. The Committee considered that the granting of the variation of the licence would not uphold the four licensing objectives.

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

            Licensing Officer   

3.2      Ms Spall said that officers had received representations with regard to an application for the variation of the premises licence for Sugahill 250 Kirkdale SE26 4NL. She outlined the current licence status and the particulars of the application applied for.

3.3      Ms Spall said that one representation had been received from a responsible authority, the Crime Enforcement and Regulation service, on the grounds of public nuisance. A representation had been received from Councillor Copley also on the grounds of public nuisance. He was in attendance and would be speaking on behalf of local residents who did not feel comfortable speaking at this meeting. In addition, three further representations had been received from local residents living in close proximity to the premises on the grounds of public nuisance. Ms Spall then outlined the options open to members when making their decision.

Applicant

3.4      Mr Chipping stated that he would be speaking on behalf of the applicants. This was accepted by the Chair. 

            Representation

3.5      Ms Rhodes said that she was making her representation on the grounds of public nuisance and noise. There is an abatement notice in place, served on the 16 August 2019. This notice was breached on the 17 August 2019 and officers had been to the premises and witnessed nuisance on four occasions. On two occasions, the noise was deemed to be a statutory nuisance. 

3.6      Ms Rhodes said that officers had been receiving complaints since September 2017. These complaints were also sent to the local Police who are aware of the situation. When complaints were received initially, it was difficult to witness the noise but communication was maintained with the café and the complainants. The café agreed to keep the music to a reasonable level and the situation was calm for a while. However, complaints had been received regularly since January this year and a breach letter was served on 19 August 2019.  She outlined the options open to officers if a statutory nuisance is witnessed again.

3.7      Ms Rhodes said that she has had conversations with local residents who were very concerned about reporting the public nuisance for fear of reprisals. She had been informed that the local ward councillor had been working with local residents.  In March 2019, Ms Rhodes said that she carried out a full licensing visit at the premises with a previous Lewisham police officer P.C Nick Gerry. The CCTV was not accessible, several sign were not displayed. If the application is granted and the licensable hours were extended, Ms Rhodes said that the lateness of the hours would cause more problems for local residents.

3.8      Councillor Anwar asked why the applicant did not want to join the Safer Lewisham Business Partnership (LBBAC). Ms Rhodes did not know, but the Crime, Enforcement and Regulation team (CER) did not have any objections to the removal of this condition.  ...  view the full minutes text for item 19.

in respect of the application made for a Temporary Event Notice for Interludee 12 Leegate SE12 8SS. The application is for the sale of alcohol and regulated entertainment on 23 December 2019 from midnight until 1:00hr and for the same activities on 25 December 2019 between midnight and 03:00 hours. The Committee made the determination shown below.

In the matter of the application for the Temporary Event Notice, the Committee considered the relevant representations made.

The Committee 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 Event Notice was GRANTED subject to the current premises licence conditions being applied throughout both events.

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

1.    The Committee considered the representation made by the Crime, Enforcement and Regulation (CER) officer. The premises operated under a TEN on 15 September 2019. There was an altercation outside the premises and a complaint was received.  Door staff were not on hand to deal with the disturbance and the manager had tried to intervene.

2. The Committee also noted that officers had witness music audible in the surrounding area and patrons were causing noise congregating outside. The front door was not being supervised.

3     The Committee considered the representation made by the applicants. As a result of the issues raised by CER officers following the event on 15 September, the entrance has been moved to the back of the premises where there are two doors. This has helped the egress of patrons, particularly in the early hours of the morning.

4.   The Committee noted that the applicants had addressed the issues raised by CER officers and there have not been any problems since September 2019.

5. The Committee considered that the granting of the variation of the licence would uphold the four licensing objectives.

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

            Licensing Officer   

4.2      Ms Spall said that members were being asked to consider this application for two temporary Event Notices (TEN) for the sale of alcohol and regulated entertainment on 23 December 2019 and 25 December for Interludee 12 Leegate SE12 8SS. She outlined the hours of activities at the ‘live performance night’ and ‘xmas eve party respectively’.   The Crime, Enforcement and Regulation team had objected to the application in relation to the licensing objective of prevention of public nuisance.

4.3      Ms Spall outlined the steps open to members when making their decision.

            Representation

4.4      Mr Lockett said that Interludee previously operated under a Temporary Event Notice on 15 September 2019, to open an hour later until 3am. Following this event there was an altercation outside the premises on the public square which led to a complaint being received by the Crime, Enforcement and Regulation (CER) service. A review of CCTV showed that door staff were not available to deal with this disturbance and the applicant had tried to intervene himself.

4.5      Officers had visited the premises earlier in the evening following a complaint regarding noise and discovered that music was audible in the surrounding area and patrons were also causing noise nuisance as they congregated outside.

4.6      During the visit, the front door of the premises were not being supervised by door staff, amplified music was escaping from the premises. Following discussions between officers and door staff, all patrons were ushered inside and the front door was managed.

4.7      In a subsequent meeting with the applicant, regarding the disturbance outside, it was made clear that any future TENs for the foreseeable future would more than likely be objected to. The applicant reassured CER, Police and Licensing officers that there would be new door staff employed at the premises and that they would be fully versed in the need to have patrons moved on from the area swiftly and quietly.

4.8      Whilst there had not been any further issues since this meeting in September 2019, the CER team did not have sufficient confidence in the management of the premises. Officers had concerns regarding the capability of the management to prevent public nuisance, particularly in terms of dispersal, in the run up to Christmas, It was for this reason that officers had made an objection. If members were minded to approve the temporary events, Mr Lockett suggested that the current premises licence conditions be applied throughout both events.

4.9      Councillor Elliott asked whether door staff are SIA accredited. Mr Golding confirmed that staff are fully accredited.

4.10    The Chair asked about the discussions Mr Lockett had with Mr Golding. Mr Lockett confirmed that discussions had been good. The main issue identified at the September event had been patrons congregating on the square in front of the premises. He said that it is difficult to manage and disperse the crowd  ...  view the full minutes text for item 20.