Agenda and minutes

RESOLVED that the minutes of the meeting of the Licensing Committee held on 9 April 2018 be confirmed and signed as a correct record.

None.

3.2      Ms Spall said that members were being asked to consider an application for a review of a premises licence for Exotic Bites 313 New Cross Road SE14. The review had been sought by Mr Power, Crime, Enforcement and Regulation (CER) officer in relation to the licensing objective of crime and disorder and public nuisance. She outlined the current licensed hours for the sale of alcohol, regulated entertainment and late night refreshment. She said that there is also seasonable variation for bank holidays; trading can take place on any day preceding the bank holiday between midnight and 3am.

            Applicant

3.3      Mr Power introduced himself. He said that the CER service were seeking a review of the premises licence in relation to Exotic Bites as a consequence of the premises failing to uphold key licensing objectives, most notably the prevention of Crime and Disorder and the Prevention of Public Nuisance. 

3.4      Mr Power said that he intended to draw members’ attention to the premises locality within an existing Cumulative Impact Zone (CIZ). The existence of a CIZ encapsulates the emergence of licenced premises within a small geographical area which has hindered the safeguarding of key licensing objectives. Therefore, new and existing licensed premises within a CIZ have a greater expectation and responsibility to exhaust all possible measures to trade responsibly within the scope of their premises licences.

3.5      The CER Service initially observed Mr Lawal undertaking the provision of licensable activity without prior authorisation. He did not have a premises licence or a TEN at an event on Sunday 28 August 2016. This is evidenced in DP/1 on page 18 of the agenda. Alcohol was being sold and live music played without a licence. In line with Lewisham’s enforcement policy with regard to regulatory functions, in an effort to provide compliance going forward, officers assisted Mr Lawal in applying for a premises licence and in applying for TENs to mitigate the potential loss of trade in the interim.

3.6      At the time of applying for a premises licence, throughout the 28 day application period, the CER service assisted the applicant by mediating with Goldsmiths University with regard to complaints of noise nuisance from students living in the vicinity of premises. This resulted in the CER service mediating successfully ensuring that a report did not need to be submitted to this Committee. An Annex 2, condition was added ‘All music must be turned down to a background level from 2300 hours Sunday – Thursday and 0000 on Friday and Saturday’. This was agreed to prevent noise nuisance for students and to establish the premises as a restaurant.

3.7      Despite this agreement, a further visit was made on 3 December 2017 and there were further breaches as evidenced in DP/2 on page 20 of the agenda. At approximately 0300, an hour after permitted hours, a list of offences were observed as evidence on page 21 of the agenda. Subsequent requests by officers for CCTV records were not provided even though it is a  ...  view the full minutes text for item 11.