Agenda item

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

            Licensing Officer   

7.2      Ms Hooper said that members were being asked to consider the application made by Shakiela Ellis-McKoy for a Temporary Event Notice for 15 Byron Close SE26 5SF. She outlined the nature and times of this application. Representations had been received from the Metropolitan Police and Lewisham’s Crime, Enforcement and Regulation Service in relation to the licensing objectives of the prevention of crime and disorder, and of public nuisance and public safety.

            Representation

7.3      P.C Gerry said that Lewisham Homes contacted Ms Ellis-Mckoy, advising her that they manage the land on which she intends to hold her event and they informed her that they will not give permission to hold the event on 3 August 2019.

7.4      P.C Gerry said that the event has been held twice in the last two years, and on each occasion the Police received a number of noise complaints and reports of anti-social behaviour. Lewisham Homes attend the event, and called for Police assistance. The event is held in a communal area and last year 150 people attended. On the same evening, another party was held in a hair salon in Sydenham Road, which is not too far from Byron Close. Someone was stabbed at that party. There was an investigation and an initial allegation made that the perpetrator had been in attendance at the Byron Close event.

7.5      In conclusion, P.C Gerry said that because of anti-social behaviour at the event last year and the fact that Lewisham Homes will not allow the event to take place on land that they manage, he recommended that the application to grant a TEN be refused. If the application for the TEN is granted, then anyone attending will be trespassers on that land. In addition, it could affect their tenancy.

Applicant

7.6      Shakiela Ellis-Mckoy said that the stabbing was not related to the event that she held last year. She did not know why the Police would suggest this or where the information originated. She said that she has lived in the area for 20 years and has never made noise. For the past two years she has arranged an annual event for the children. It is an event for everyone to enjoy and keeps children out of trouble. Last year, Police came at 01.30 and said everyone was enjoying themselves and they would not shut them down. She could not understand how Police now have a problem with the event.

7.7      She said that she has held this event twice before but did not know that she required a licence. Having applied for a TEN, as advised by Police and the CER team, she cannot understand why she is now being told that it cannot be held. The events were successful, enjoyed by all residents including those in other blocks.

7.8      The Chair asked about the fact that Lewisham Homes will not allow the event to take place on their land. Ms Ellis-Mckoy said that she did not know about this until Friday when Lewisham Homes contacted her. She rang them but the woman from the housing management team told her to send an email. They advised her that they would reply within 10 working day, but they not.  Lewisham Homes eventually told her that they did not give permission for the event to be held on their land because of the stabbing the previous year.

7.9      Ms Rhodes said that Lewisham homes contacted the licensing team, told them that the land was going to be used for a party and licensing officers investigated the matter.

7.10    Ms Shakiela Ellis-Mckoy said that during the party last year, Police told her that they had granted her a licence. P.C Gerry said that a licence cannot be granted by Police. He said that on the night in question, last year, the party was in full swing, and officers decided not to close the party down because there were not enough officers to facilitate this and an assessment would have been made at the time. The advice given was correct; to apply for a TEN if another event is to be held.

7.11    Councillor Handley said that if the TEN is granted the event may still not go ahead. Ms Der Man confirmed that this is correct. She said that one is a decision made by a licensing authority and the other is a separate planning issue.

7.12    Councillor Campbell said that last year a licence was not applied for but the Police did not closed the event down. P.C Gerry said that officers visited the premises but did not shut it down because with so many people in attendance it was considered safer to allow the party to carry on.

7.13    Councillor Campbell said that there is no evidence to suggest that a person who attended the party at Byron Close last year, went on to Sydenham Road to stab someone. She considered it unfair to have presented this as part of the representation. P.C Gerry said that it had been part of his presentation because it was stated during the investigation and there is intelligence to suggest that this is true. The Chair asked Shakiela Ellis-Mckoy whether she had known about this. She had not.

7.14    The Chair asked Ms Rhodes how many noise complaints had been received. She said that CER received two complaints.

7.15    The Chair asked whether the number of people attending the party was monitored last year. Ms Rhodes said that officers did not know that the event was being held. She said that Police report about 100 people present. Police allowed the event to continue until finish because it would not have been possible to close the party with so few officers in attendance.

7.16    Ms Patsy McKoy said that there was no anti-social behaviour at the event last year; there were adults and little children. Organisers ended the event themselves, it did not need to be shut down and finished by 0345. Initially music had been loud but was turned down.

7.17    Following discussion about the application it was noted that the application was only for regulated entertainment.

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

RESOLVED thatthe application, as applied for, be RefuseD and a counter notice issued.

7.19    Ms Der Man said that the decision has been considered in the context of the licensing objectives. Members were concerned that Lewisham Homes who manage the area in which the proposed event was to be held, have refused permission for the land to be used for the party. If anyone holds an event on this land, they would be acting illegally and this could affect their tenancies. She said that a counter notice will be issued.