Agenda, decisions and minutes

RESOLVED that the minutes of the meeting of the Licensing Committee held on 4 December 2019be confirmed and signed at the next meeting.

None.

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.

 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 CERdepartment had been receiving complaints from a resident since October 2019. It was alleged that noise disturbance was taking place past 01:00 in Tomi’s Kitchen. The premises is only licensed to sell alcohol until midnight and23:30 on a Sunday.

2.    The Committee also noted that officers had visited the premises twice. The applicant was not there and so a letter was left on each occasion, explaining the reason for the visit and asking him to contact CER officers. The applicant failed to contact CER officers.

3     The Committee considered the representation made by the applicant. He had not seen the letters left for him, just a business card. He tried to contact CER officers but they had not been available.

4.   The Committee noted the applicant’s claim that he did not play loud music and had never received noise complaints about Tomi’s Kitchen; any noise nuisance was from other establishments in the area.

5. The Committee considered that the granting of the Temporary Event Notice would 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 members were being asked to consider this application for a Temporary Event Notice for the Sale of Alcohol, Regulated Entertainment and Late Night Refreshment from 22:00 on 27 December 2019 to 03:00 on 28 December 2019 at Tomi’s Kitchen 126 Deptford High Street SE8 4NS. She outlined the current licensed hours. She said that an objection had been received from the Crime, Enforcement and Regulation (CER) officer under the licensing objective of the prevention of public nuisance. She then outlined the options open to members of the Committee when making a decision.

Representation

3.3      Ms Spall said that the CER officer, Mr Phillips had been unable to attend this meeting and she read out a statement on his behalf.

3.4      The CER team had received noise complaints regarding an event held on 13 October 2019 until 1am.The noise was described as loud music with a DJ or MC, lots of loud talking and singing. Residents also complained that they could feel vibration in their property. Mr Phillips visited the premises on 16 October 2019. He tried to speak to the manager or owner but they were not available and staff present claimed to know nothing about any previous event. A letter was left with the staff, detailing the alleged complaint and included the officer’s contact details. A reply was not received.

3.5      Another noise complaint was received on 4 November 2019. The complaint was regarding loud music at 01.30. Mr Phillips visited the premises again on 27 November 2019 and tried to speak to the manager or owner regarding the noise complaints but was again advised by staff that they knew nothing about the event. Mr Phillips left his contact details again but no response was received. The following day a TEN was received. When a representation was received, CER officers submitted the application to this Committee for consideration.

3.6      Ms Spall said that Tomi’s Kitchen is only licenced to sell alcohol for consumption on the premises. She outlined the licensable hours. Both complaints related to regulated entertainment after 1am and 1.30am but the premises are not licensed for regulated entertainment.

Applicant

3.7      Mr Odiase said that he was not working in Tomi’s Kitchen when officers visited. He was told last week that officers attended the premises and wanted to speak to him. He said that Tomi’s Kitchen’s patrons are mature adults; the premises has a capacity of less than 50 people. The application for a TEN was only for an extra 3 licensable hours.

3.8      Councillor Elliott asked how many complaints had been received from residents. Ms Spall said that 2 separate complaints had been received from 2 separate residents. There were reports of loud music played until 1am, a DJ, loud talking and singing. The other complaint was 2-3 weeks later and referred to music until 1.30am.

3.9      Councillor  ...  view the full minutes text for item 23.