Agenda, decisions and draft minutes

RESOLVED that the minutes of the meeting of the Licensing Committee held on 6 November 2018 be confirmed and signed at the next meeting of this

None

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with the provisions of the statutory guidance and the principles of our licensing policy, the premises licence was revoked and the interim steps imposed by the Committee at the expedited hearing held on 25 October be continued for 21 days after the date of this letter.

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

1.      Members of the Committee considered the representations made by the Metropolitan Police. On 22 September 2018, two males were assaulted outside the premises. One male was left with a serious head injury; he is still in hospital and has a significant brain injury which is life changing. The suspect of the assault is a member of staff at the above named premises.

2.      The Committee noted that the suspect has admitted assaulting the male. He is co-owner of the premises.

3.      Members noted that staff had not been co-operative towards Police following the assault. As part of the investigation, Police seized the CCTV from the shop. The Police need the code to the CCTV but it has not been given to Police despite several requests. One member of staff went to the Police station to retrieve the CCTV but reports were that this member of staff was aggressive and under the influence of alcohol.

4.      The Committee also noted a number of breaches including:

·         The CCTV only stores and records for three days instead of 31 days.

·         There were no records regarding the refusals of the sale of alcohol for a year despite several street drinkers being patrons of the premises.

5.      The Committee noted the presentation from the Crime, Enforcement and Regulation Team. Officers visited the premises after the incident. One member of staff was witnessed as joking about ‘laying out a crackhead in one punch’.

6.      Members of the Committee noted the presentation made by the applicant’s representative and the two statements circulated at the meeting. One was from the premises licence holder who stated that she has run her business without any incidents since 2014. She is known in the community as a helpful, caring person. She was not at the premises at the time of the incident but knows of the two males because they are always drunk, high on drugs and cause problems in the community.

7.      The Committee noted the statement of the PLH’s son in law. He said that he has been a business man for 10 years and has always run his businesses in accordance with the law. He went to the Police Station to retrieve the CCTV but officers would not give it to  ...  view the full decision text for item 49.

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

            Licensing Officer   

3.2      Ms Hooper said that members were being asked to consider an application for a review of a premises licence for Mace Stores, 111 Deptford High Street SE8 4NS. The application had been sought by Frank Olaniran, Crime, Enforcement and Regulations Officer on the grounds of public nuisance, crime and disorder. Ms Hooper then outlined the current licence and licensable hours.

            Applicant

3.3      Mr Olaniran said that for approximately 3 ½ years the Crime, Enforcement and Regulation (CER) Service, has routinely been involved in tackling alcohol related anti-social behaviour reported to be taking place at Margaret McMillan Park, Douglas Way and Giffin Square. Mace Stores is situated in the middle of these locations.

3.4      The CER service has received reports from local residents of noise nuisance including shouting, the playing of loud music, urinating on properties, fighting generated from street drinkers, drug dealing/ taking and offensive comments towards women. The local M.P has received a lot of complaints about this problem and has walked around the area with police and local authorities. Young women identified a congregation of males on Douglas Way as particularly distressing to young residents.

3.5      On 17 August 2018, the CER and Police undertook an operation enforcing the Public Space Protection Order. During this co-operation, officers confiscated in excess of 25 cans and bottles of alcohol. When approached during the operation, males were in an intoxicated state and subsequently threatened violence towards officers as a consequence of removing their alcohol from them. Officers noted that many of the street drinkers were customers of Mace Store.

3.6      As a result of this enforcement day, a known street drinker was arrested for being drunk and disorderly outside the premises. Despite Police presence, one of the street drinkers proceeded to threaten officers. He confirmed that he had purchased his alcohol form Mace Store. This was confirmed on CCTV footage observed on 28 August 2018.

3.7      CER Officers attempted to obtain/review CCTV footage within the premises on 17 August 2018. As officers waited for the DPS to arrive, officers observed a customer entering the premises with an open container of alcohol and purchase a mini bottle of rum having advised shop staff that the rum was not for him. Officers noted that the member of staff was initially reluctant to authorise the sale, however preceded with the transaction, it was only when the customer requested a can of alcohol that the sale was refused.

3.8      Officers requested to view the sale of refusal log for the premises. The last entry made was on 3 August 2017. During discussions with the staff and the DPS, officers were advised that shop staff found it difficult to detect if a customer was drunk.

3.9      On 24 August 2018, the DPS was unable to operate the CCTV and allowed CER officers to access the unit. Officers observed the street drinkers  ...  view the full minutes text for item 49.

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.         Can food Centre 195-197 Lewisham Way SE4 1UY

The premises licence was revoked.

            6.         Tasty Kebab Fish Bar 193 Lewisham Way SE4 1UY

The premises licence was suspended for three months.