Agenda item

In the matter of the application for a new Club Premises Certificate, the Committee has considered the relevant representations made.

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 statutory guidance and the principles of our licensing policy, the application for a new Club Premises Certificate, was GRANTED with the following amendments:

1.    There shall be no live music; and

2.    Opening hours shall be:

Monday to Thursday 11am – 3pm

Friday Saturday and Sunday 11am – 11pm.

 The following conditions are to be included on the Club Premises Certificate.

1. The premises shall install and maintain a comprehensive CCTV system. All entry and exit points will be covered enabling frontal identification of every person entering in any light condition. The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when members remain on the premises. All recordings shall be stored for a minimum period of 31 days with date and time stamping. Recordings shall be made available upon the request of Police or authorized officer throughout the preceding 31-day period, such copies shall in any event be provided within forty-eight (48) hours.

2. A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times when the premises are open to members. This staff member must be able to show a Local Authority or Police Officer recent data or footage when requested.

3. The cctv system must cover the area used for smoking and the side entrance passage.

4. The premises shall prominently display signage at all entrances informing members and guests the correct gate to enter the premises.

5. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.

6. Patrons permitted to temporarily leave and then re-enter the premises e.g. to smoke shall not be permitted to take drinks or drink containers with them.

7. At any one time the smoking area will be limited to 2 people.

8. The smoking area must be enclosed in such a way that it doesn’t cause a nuisance to any neighbours whilst keeping within smoke free regulations.

9. Notices shall be displayed in an area used for smoking requesting patrons to respect the needs of local residents use the area quietly.

10. An incident log shall be kept at the premises, and made available on request to an authorised Local Authority or Police Officer, which will record the following:

a)           All crimes reported to the venue

b)           All ejections of patrons

c)           Any complaints received

d)           Any incidents of disorder

e)           All seizure of drugs or offensive weapons

f)                       Any faults in the CCTV system

g)           Any refusal of the sale of alcohol

h)           Any visit by a relevant authority or emergency service

11. A proof of age scheme, such as Challenge 25, shall be operated at the premises where the only acceptable forms of identification are (recognized photographic identification cards, such as a driving license or passport / Holographical marked PASS scheme identification cards).

12. There must be no access for members or guests to the metal staircase or the roof area, but ensuring that the staircase can still be sued as a fire exit for the residents.

13. The licence holder shall enter in to an agreement with a hackney carriage and/or private carriage firm to provide transport for customers, with contact numbers made readily available to members who will be encouraged to use such services.

14. All staff to undergo Licensing training which will be documented and provided to police / licensing authority on request. This training is to be refreshed every 12 months. All new staff must undergo this training before being allowed to sell alcohol.

15. A direct telephone number for the club manager at the premises shall be publicly available at all times the premises is open.

16. No admittance shall be given to members of the public on the door in line with the club members’ rules. All guests must be invited by an existing member and sign the visitor’s book before entry.

17. A noise limiter must be fitted and maintained within the premises. The level of this meter must be set in accordance with required legislation and standards by a qualified sound engineer, as so not to cause a noise nuisance. The limiter must be sealed in such a way that no unauthorised person can tamper with it. All amplified music played at the premises must be passed through the noise limiter. An annual calibration of the noise limiter must take place by a qualified sound engineer and recorded in the incident book.

18. An appropriately qualified acoustic engineer must be engaged to carry out an acoustic report for both sound insulation, egress and dispersal with appropriate recommendations as to how statutory nuisance can be mitigated appropriately. The club will need to demonstrate that all recommendations within the report have been addressed before any amplified music can be played.

19. All windows are to remain closed at all times when the premises is open.

20. The door should remain closed at all times that the premises is open for licensable activities.

21. Deliveries can only take places between 9am – 5pm Monday – Friday, 10am – 1pm Saturday. No deliveries shall take place on a Sunday.

22. No emptying of any glass or other waste receptacles between the hours 8pm and 8am.

23. Storage of bins must be stored in such a way as not to cause a nuisance to neighbours or to block a fire exit.

24. No live music shall be played at the premises.

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

1.    Members of the Committee considered the representations made by the applicant. The Hatcham Club will be a members’ only club for local people of the older generation, to play cards, dominos and watch TV.

2.   The applicant has accepted all the conditions recommended by the Police and Licensing Team including a closure of the premises in the afternoon on Monday to Thursday.

3.   The Committee considered representations made by the local residents. They suffered from noise and public nuisance following two private events held by the applicant at the premises. Due to incorrect signage, patrons attempted to gain access to the flats instead of the club which had caused significant distress to residents.

4.   It was noted that the applicant had not been in contact with local residents about the application. When they bought or rented their homes at the premises, they did not know that the club would open and a new club premises certificate applied for.

5.   Members of the Committee noted that the resident’s bedroom wall abuts the club and although there had been investigation into sound proof testing there had not been any sound insulation.

6.   Members of the Committee noted that the applicant was considering sound insulation but would not be hosting live bands on the premises. The club is not yet open and the two events held at the premises were private and not licensed activities. The applicant will ensure that the premises comply with all regulations before it opens.

7.    The premises has been known as a club for over 70 years and the planning application for the renovation of the flats included the provision of a club. The applicant agreed to have better communication with residents in future.

8.   The Committee considered that granting the application would promote 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.

3.2      Ms Kidd-Morton said that in this report and the J6 restaurant report, there is an element of the report that is missing; the equalities implications. She reminded members of their statutory duties under the Equalities Act 2010.

            Licensing Officer   

3.3      Ms Spall said that members were being asked to consider an application for a new club premises certificate sought by Hatcham Liberal Club for Hatcham Liberal Club 367 Queens Road SE14 5HD. Objections had been received from 6 residents who live in close proximity to the premises. The objection is sought on the grounds of perceived public nuisance, crime and disorder, and public safety from the patrons. Ms Spall then introduced the applicant and objectors who would be addressing the Committee.

            Applicant

3.4      Mr Boscic said that Hatcham Liberal Club has been in existence for over 70 years. Ten years ago it went into dilapidation. He  contacted a development company who helped to develop the premises back to a club and at the same time his costs would allow for internal flats and an external club attached to the back of the premises.

3.5      Mr Boscic said that this would be a members’ only club for local people of the older generation, to play cards, dominos and watch TV. There used to be bands playing at the club but he would not have any bands because the premises is too small. However, they may have a band once every 6 months or not at all, he did not know. He said that he had agreed to all the conditions suggested by licensing officers. CCTV for example is already installed.

3.6      Mr Boscic said that the club has not opened. However, residents had complained about noise. In hindsight he should not have had a party; it was his daughter’s 21^st birthday party on 21 January 2018, and he was on the premises. He also allowed a funeral wake to be held at the premises. It finished at 11-11.30pm and everything had been cleared and tidied. He said that all the complaints were directly as a result of these events but the premises has not opened as a business yet.

3.7      The Chair asked the objectors present whether they all live in the building. All but one resident confirmed that they do. She asked whether they were advised that there was a club on the plans when they moved into their homes. They said that they had not been told.

3.8      Councillor Millbank declared that she is a ward member for Telegraph Hill which has the ward in which the premises is situated.  Councillor Millbank said that she understood that when the front of the building was developed, it was within the planning application that included plans for a club. She confirmed that she had not been in contact with any of the residents on this issue.

3.9      Councillor Codd asked for clarification. Mr Boscic said that the premises is too small to accommodate a band and yet he talked about engaging a band once every six months. Mr Boscic said that he would not have large bands at the premises but a guitarist or a small group that would be suitable for the building. He is not intending to have a band and have told licensing team to remove live bands from the application.

3.10    Councillor Howard asked whether the premises has sound proofing. Mr Boscic said that the previous club owners, before the flats were built, engaged a professional company to undertake sound testing, between all flats and all floors. He will have a sound limiter installed because all that will be played at the premises is the radio, a duke box and possibly the T.V. Ms Spall said that she has had conversations with Mr Boscic about sound insulation at the premises and they are working on this currently. Mr Boscic said that they are looking at costs for sound insulation but cannot do anything until after the premises is open but there would not be any loud music or anything played until they comply with all the regulations. Ms Spall confirmed that she had had discussions with Mr Boscic about noise levels and he said that there would not be any live music. The live music originally applied for was between 8-11pm Friday and Saturday but not during the week.

3.11    Councillor Elliott asked for confirmation about the address of the premises. He said that in the papers, the address on the application is the same address as one of the flats. Mr Boscic said that Flat 1 is owned by the club and until the lease is given back from the developers to the plot, the address cannot be changed. There is a tenant in the flat but the club does not use their letter box. When he made the application, he was told that the address was wrong. He asked for the developer’s address to be used because they hold the lease. The Chair asked when he would get the lease back, Mr Boscic said it would be given back with the complete building.

3.12    Councillor Elliott asked whether the address of the club is clear on all communication including the website. Mr Boscic expected this to be undertaken in the next few weeks.

3.13    Councillor Wise asked whether anything was being done about patrons ringing residents’ door bells as they try to find the entrance to the club. Mr Boscic said that he will install signs showing the access to the Hatcham Liberal Club. When the club opens, the patrons of the club will have been members for many years and know the way into the premises. Their guests have to come with them to sign in when they arrive.

            Representations

3.14    John Scott said that he lives in a ground floor flat and his bedroom shares a party wall with the proposed new club. The proposed bar is in an area which is already very well served with 11 bars within a 5 mile radius, which, in his view, is licencing saturation. The proposed bar is in a residential building surrounded on four sides by residential dwellings. Granting a licence for a bar would have a detrimental effect on all their lives for the following reasons:

• Unacceptable noise.
• Misleading address – confusion of access would continue. A sign would need to be in keeping with a grade two listed building. When residents have asked the applicant for things in the past, he has always said that there is no money until they open the club.
• Door bells continuing to be rung by patrons trying to access the club.
• The application currently has a misleading address. It is the same as Mr Scott’s who has been receiving final demand notices, through his front door for the applicants as well bailiffs asking for him at their door. He is concerned about the future, particularly if the applicants are in debt before the club is open.
• If the applicant is granted a licence, he questioned whether he would have enough money to pay for the works required.

3.15    In conclusion Mr Scott considered it to be irresponsible to convert the building into flats and then include a bar. If the application is granted, it will devalue their properties. He asked members to consider residents’ representations and refuse the application. 

3.16    Jim McGowan said that he was representing the residents. He said that he is employed at Bromley Council and he manages the licensing functions and noise and nuisance functions. He has concerns about this application for the following reasons:

• A function room, with the possibility of live or recorded music would be detrimental to residents. The noise in Mr Scott’s bedroom will be unacceptable. The only way that this application can proceed is for the provision of sound insulation. It is very expensive and having listened to the evidence, it is unlikely that it would be affordable.
• The installation of the sound limiter would be a positive but would only be effective with sound insulation in place.
• Once a licence is granted, if residents suffer from noise nuisance, it takes between 6 months to a year before evidence is presented to the Licensing Committee. Residents have already suffered from noise nuisance and were forced to leave their homes and stay elsewhere for the night. Sound insulation should be looked at first; there is not even a report yet.
• There is the possibility of the noise from music and people all night long.

3.17    Olivia Pittman said that she has moved recently in to one of the flats and she was assured that there was no club licence and the space was rarely used. If she had known about the plans for the club, it would have had an impact on her decision to rent the property. There is an alleyway to the club which runs past her bedroom and kitchen. The access to the club is outside their bedroom window and that is the only window that opens on that side of the flat. Ms Pittman said that she has concerns that patrons will linger outside her bedroom window and look into the room as they leave the club. During hot summer months, windows cannot remain shut. There is an issue of nuisance and safety because personal belongings could be taken from the flat. She has already experienced patrons lingering outside her property on 21 June 2018. Smoking cannabis and drinking alcohol in large groups. In the absence of sound proofing and the sharing of a party wall, she did not believe that it would make sense to open a club with music. There will be deliveries during the day and because she has shift work as a doctor in A & E it will have an impact on her work as well.

3.18    Louis Berger said that he purchased a flat at the end of February 2018. He considered this to be a delicate situation because the applicant is soon to control the company which owns the freehold not only of the club but also the residential building. There needs to be good communication between all parties, but this has been poor from the start. The applicant has not discussed the licence with residents. The first time they knew about the application was when the blue notice was displayed at the front of the building. No thought was ever given to the residents before the application was made.

3.19    Mr Berger said that he objected to the granting of the licence for the following reasons:

• Public nuisance – noise created from within the club and from people leaving and arriving at the premises.
• Confusion about the address – as experienced on 21 June 2018, people will continue to ring their door bell to gain access to the club.
• Smoking outside – It would be difficult to ensure only 2 people stand outside the club to smoke.

3.20    Mr Berger said that if the club licence is granted, there should be a significant reduction to the opening hours and there should be no trading until sound insulation has been installed.

3.21    Pierre-Jean Bonin said that he moved into his flat in November 2017 at 367 Queens Road. It was sold as a family flat and on this information received, he invested all of his savings in the property. He said that he believes that the timing of this application had been planned to coincide with the sale of all the flats on the premises. He also believes that the application was hidden from the residents in the building; there was no evidence about a proposed club before they bought the flats nor was it identified in their solicitors’ papers. Without the information, residents were not able to make an informed decision when buying or renting their property.

3.22    The Legal officer asked how many members there are in the club and how many would be expected on any one day. Mr Boscic said that there are 50-60 members and he would expect 20-25 members on any one day.

3.23    Members of the Committee then withdrew to make their decision. When they           returned it was:

RESOLVED that the Premises Licence be granted with all conditions agreed by the applicant and the club shall be licenced between 11am and 3pm on Monday – Thursday with Friday – Sunday as applied for.

3.24    Ms Spall said that any registered party and the applicant may appeal against this decision to the Magistrates Court within 21 days from the date of the decision letter which would be sent out within 5 days of the meeting.