Agenda item

 

Licensing Committee 30 June 2020 –Badger Badger 139-145 Deptford High Street SE8 3NU

 

I am writing in respect of the application made for a Premises Licence forBadger Badger 139-145 Deptford High Street SE8 3NU to confirm that the Committee made the determination shown below.

 

In the matter of the application for a Premises Licence, 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 premises licence was GRANTED as follows subject to the conditions, attached to this letter, being added to the licence:

 

Live Music

23:00 – 00:00 Sunday – Thursday

23:00 – 01:00 Friday - Saturday

Recorded Music

23:00 – 00:00 Sunday – Thursday

23:00 – 01:00 Friday - Saturday

Late Night Refreshment

23:00 – 00:00 Sunday – Thursday

23:00 – 01:00 Friday - Saturday

Sale of Alcohol for consumption on the premises

09:00 – 23:30 Sunday – Thursday

09:00 – 00:30 Friday - Saturday

Seasonal Variation

Licensable activity from the end of permitted hours on New Years Eve to the start of permitted hours on New Year’s Day.

 

It was also agreed that in the conditions, the two references to drinking outside the premises shall be replaced with ‘no drinks shall be taken outside the premises’ and the recommendations outlined in the noise report shall be implemented.

 

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

 

1.    The Committee noted the representation made by the applicants. They are both experienced in the hospitality business, having managed several high end venues. Badger Badger will be a community hub.

 

2.    The Committee noted that the applicants are committed to the area and want to be involved in the local community. They have a 20 year lease on the building and intend to spend several thousand pounds on renovation.

 

3.    The Committee noted that the applicants had been in contact with local residents including the Deptford Society. Recognising that noise is an issue for residents, a noise report was commissioned. Applicants intend to continue to work with local residents to ensure that the licensing objectives are upheld.

 

4    It was also noted that the applicants had agreed to the proposed conditions and if a licence is granted, they had considered the measures that will need to be taken to keep patrons safe during the covid pandemic.

 

5.    The Committee considered the representations made by residents. Night life in Deptford High Street is welcomed, but it is also a residential area. The increasing number of late night establishments is eroding home life for people living in Deptford High Street and surrounding areas.

 

6.    The Committee noted Deptford Society’s concerns about the classification of Deptford High Street as a district hub rather than a local hub in the draft licensing policy. It recommends a closing time of midnight during the week and 1am at the weekend.

 

7    The Committee noted that residents consider Deptford High Street to have a low level of noise at night. There is little traffic, trains can hardly be heard and there are no buses in the street.

 

8     It was also noted that some residents have lived in the area for many years and are passionate about the importance of the High Street which has historical and heritage value as well as a tight knit community.

 

9     The Committee noted that residents believe that late licences would lead to an increase of noise nuisance in the area particularly where late night licences have been granted. There will be potential noise from patrons smoking and loitering; this could be detrimental to residents trying to sleep.

 

10.Representations were not received from any responsible authorities.

 

11.The Committee noted that the applicant agreed to the conditions which had been recommended by the Police and licensing officers, and agreed that granting the application, subject to these conditions, would promote the four licensing objectives.

     

 

An appeal may be made against this decision to the Magistrates Court within 21 days from the date of this letter.

 

Agreed Conditions for Badger, Badger 139-145 Deptford High Street SE8 3NU

 

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 customers 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 immediately upon the request of Police or authorized officer throughout the preceding 31 day period. The CCTV system should be updated and maintained according to police recommendations.

 

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 the public. This staff member must be able to show a Police or authorized council officer recent data or footage with the absolute minimum of delay when requested.

 

The CCTV must cover all areas of the venue that the public have access to. There should be no obstructions to any internal camera that creates areas that are not wholly covered by CCTV, apart from within toilet cubicles and directly covering men’s urinals.

 

The smoking area must be covered by CCTV that is to the same standards as the internal CCTV system.

 

The premises shall prominently display signage at all entrances informing customers: -

(‘All persons entering this premise are liable to be searched. Agreement to search is a condition of entry. If persons do not consent, entry may be refused.)

(All persons entering the premise will produce identification when asked to do so),

(Police may be called if drugs or weapons are found.’)

(CCTV is in operation throughout this premises and is made available to the police.)

(Any person found carrying weapons or illegal drugs will be permanently excluded and the police will be informed.)

(‘Management reserve the right to refuse entry’)

 

A minimum of 2 SIA registered door staff, of which one (1) must be female and are all employed by an Accredited Contractor Scheme (ACS) registered company. If the premises are to open after 23.00 they must be on duty on Thursday, Friday and Saturday from 21:00hrs until 30 minutes after closing and conducting licensable activities or private event.

 

Any door staff to be responsible for numbers in smoking area and keeping it within agreed numbers as set out in this licence.

 

A register should be completed by the DPS/ duty manager/ nominated staff member at the commencement of work by each member of security staff and details recorded should include; full name, SIA badge number, time of commencement and completion of duties. The security operative should then sign their name.

 

Door staff should wear their identification badge at all times when working at the premises.

 

Any SIA door staff should make written record of any incidents that happen on the Premises, while they are on duty, including where Police are called upon to attend and investigate any crimes being recorded.

 

When SIA door staff are on duty All persons entering or re-entering the premises shall be searched by an SIA trained member of staff and monitored by the premises CCTV system.

 

No more than 10 customers to be allowed outside the front of the premises to smoke at any time. 

 

No customers will be allowed to take drinks outside the premises. 

 

The licence holder shall ensure that any queue to enter the premises which forms outside the premises is orderly and supervised by door staff so that there is no public nuisance or obstruction to the public highway, and use barriers if required to ensure public safety or obstruction.

 

There shall be no admittance or re-admittance to the premises on Thursday, Friday and Saturday after Midnight unless leaving the premises to smoke. 

 

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

 

No customers shall be permitted to leave the premise with any glass containers. No alcohol to be sold for consumption off the premises.

 

Notices shall be prominently displayed at any area used for smoking requesting patrons to respect the needs of local residents and use the area quietly.

 

The smoking areas shall be kept clean and well swept to ensure environment and local areas are tidy and litter/ cigarette waste to be disposed of in correct dustbins/ashtrays provided. Door staff/ Staff should ensure compliance and monitoring of smoking areas.

 

No children under the age of 18 will be permitted on the premises unless accompanied by an adult.

 

An incident log shall be kept at the premises, and made available on request to an authorized officer of the Council or the Police, 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 seizures of drugs or offensive weapons

(f) Any faults in the CCTV system or searching equipment or scanning equipment

(g) Any refusal of the sale of alcohol

(h) Any visit by a relevant authority or emergency service.

(I) advertise a number for complaints from the public and all complaints to be recorded in the incident book.

 

A record book of banned individuals shall be held by the SIA registered door supervisors at the front door and will be made available to Police and Council upon request.

 

The premises shall have a written dispersal policy including addressing parked or stationary vehicles across the outside the front of the premises, and ensuring public footpath is not blocked. All door staff shall be knowledgeable of this policy and able to enforce it.

 

The license holder shall enter into an agreement with a hackney carriage and/or private carriage firm to provide transport for customers, with contact numbers made readily available to customers who will be encouraged to use such services. This to encourage dispersal at close of Business.

 

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 acoustic 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 acoustic engineer and recorded in the incident book.

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. This report will be provided to the relevant licensing officers including the EHO.

*defined as a member of the Association of Noise Consultants.

 

Doors and windows to remain closed after 2100hrs to ensure noise is kept to levels that will not impact the local community.

 

Management should keep staff records/Immigration checks and ensure all employees have permitted documentation to allow them to Work and reside in the UK. When Police and LA visit staff have to produce suitable Identification when requested to show compliance.  

 

The recommendations in the acoustic report dated 12 June 2020 should be implemented:

·         The sound levels for music must not exceed 80dBA inside the premises.

·         Install a “limiter” to the sound system so that if windows are opened then the sound system switches off and that bass levels are controlled). The limiter an also be set in regard to the determined internal level as noted above. https://noiselimiters.co.uk/ (note that this is in addition to the previous condition already agreed that a noise limiter should be in place at all times)

·         Formulate a noise management plan and use for training staff.

 

Levels could be increased depending on additional measures being implemented as outlined below:

·         Repair all windows and ensure that they are well sealed.

·         Add in an additional “acoustic lobby” at the entrance.

·         Consider “heavy” curtains to absorb noise / provide screening at windows.

·         Once the above has been completed as applicable, then this should inform the limit of the volume of the sound system inside the café – e.g. without further insulation then the system would have to be set at 80dBA to reduce the likelihood of adverse impact. Managers can check for “inaudibility” at the flats opposite and adjust the music levels accordingly. Assistance should be sought from an acoustic sound engineer to determine the new volume level that could be achieved inside the premises that would not cause a nuisance to surrounding properties.

Any changes made outlined above should be completed in consultation with the Licensing Authority.

 

 

 

 

 

 

3.1      The Chair welcomed all parties to the meeting of the Licensing Committee. She introduced those present, and outlined the procedure to be followed for the meeting. She then invited the Crime and Enforcement Manager to introduce the application.

 

 

 

            Crime and Enforcement Manager         

 

3.2      Ms Hooper said that members were being asked to consider an application for a new premises licence for  Badger Badger 139-145 Deptford High Street SE8 3NU. She outlined the activities applied for by the applicant. Representations had been received from four interested parties on the grounds of public nuisance. Conditions had been agreed between the applicant, Police and the Crime Enforcement and Regulation service to promote the four licensing objectives. As a result, objections were not received from any responsible authorities. She outlined the options open to members of the Committee when making their decision.

 

            At 7.33pm, the Chair suspended the meeting for a few seconds while she turned off an alarm.

 

            Applicant

 

3.3      Mr Whur said that prior to the meeting, three documents had been sent to the clerk. A brief applicant’s statement, a noise impact survey, and additional conditions agreed with the Police. He introduced James Ross and Calum McKinnonfrom Novel Pubs Ltd. He said that they have some novel proposals for the use of the premises. During the day, it will be used to play board games and a place for local clubs to meet. Food will play a key important part in these premises and Mr Ross and Mr McKinnon have a great deal of experience in this industry having worked in some impressive gastro pubs.

 

3.4      Mr Whur said that the building has been empty for over a year and is in poor condition. There will be heavy investment in the building and job creation as set out in the applicant’s statement. The applicants have taken on a 20 year lease and are committed to this business. Conditions had been agreed with the Police, advice has been taken from the local authority and they have engaged with the local community. The noise report was shown to the Deptford Society to ensure that they were fully aware of the aims of the applicants. If the application is granted, engagement with the local community would continue

 

3.5     Mr Whur said that modest hours had been applied for. The applicants do not want to play music that would be a cause of concern for local residents, and a contact number will be available to local residents if they feel that they have any issues with the running of Badger Badger.

 

3.6      Full Covid-19 risk assessments will be put in place to ensure that the premises comply with the regulations if the application is granted. The four licensing objectives will be upheld and they will work with local residents to ensure that they are accepted as a key part of the local community.

 

3.7      Councillor Howard asked the applicants the intentions they have for making the premises safe during the corona virus pandemic if the licence is agreed. Mr Whur said that there is a lot of work to be done on the building before it could open.  Mr Ross said that they are hoping to open the premises in late September, they were planning a raft of measures including remote ordering from table service, one way systems, sanitizing on the door and in the toilets, screening and protection at tables and PPE. Government guidelines will be followed to ensure that patrons feel safe on the premises.

             

Representation

 

3.8      Helena Russell said that she is one of the Co-chairs of the Deptford Society and she outlined a number of initiatives that the Society had undertaken in the area and said that they involve not only residents but also local businesses.

 

3.9      Ms Russell said that she is passionate about the importance of the high street. It has heritage and historical value and a tightly knit and active community. She said that the evening time economy is welcomed in Deptford but there is concern about the increase in noise nuisance when bars close late at night. Traffic has increased, and parking is more difficult.

 

3.10    Ms Russell said that a rise in the number of late night venues must be balanced with the rights of local residents’ living conditions. She said that the Deptford Society appreciate the efforts of the applicants to address residents’ concerns. She said that it is hoped that improvements recommended in the noise report will be implemented, including the acoustic lobby, noise limiter etc.

 

3.11    There were two concerns that had not been addressed which undermined the licensing objective of public nuisance:

·      The proposed late opening hours would be detrimental to residents and are not modest as the applicants claim.

·      Ten patrons smoking on the pavement at the front of the premises until 1am would have a detrimental effect on residents’ living conditions.

 

3.12    A short video was shown. It was a recording of the night time environments of Deptford High Street and New Cross Road. Both areas are classified in the same licensing hub.

 

3.13    Harry Richardson then addressed the Committee. He said that he has lived in the area for twenty years, and outlined the characteristics of the area. He said that Deptford High Street provides reasonable environment for residents to live and enjoy a peaceful night’s sleep. The balance between retail and residents in and around the high street is rare, and should be protected.

 

3.14    Mr Richardson said that there has been an increase in establishments with late night licences; some until 3am. These premises are surrounded by residential homes. The legal process within which these licences were granted has been frustrating for local residents. Deptford High Street has suffered an erosion of local living conditions.

 

3.15    The applicants’ attempt to mitigate any possible noise nuisance was appreciated but there will be noise from patrons congregating on the street which will wake residents up. The granting of a premises licence until 1am and a 24 hour licence on New Year’s Eve was not considered necessary or reasonable

 

3.16    In Lewisham’s draft licensing Policy Statement 2020-25, Deptford High Street is identified as a district hub when classifying the various districts in the borough when setting preferred operating hours. This is the same category as New Cross. It recommends a closing time of midnight during the week and 1am at the weekend. Areas designated as a local hub have a recommended closing time of 11pm during the week and midnight at the weekend. Mr Richardson said that Deptford High Street has a higher density of homes and lower traffic than areas in a district hub.

 

3.17    Mr Richardson said that the video shows that Deptford High Street has a low level of ambient noise compared to areas in a district hub and should have closing hours of 11pm and midnight like Brockley and Hither Green.

 

3.18    Peter Collins then made a presentation to the Committee. Mr Collins said he was speaking on behalf of the Deptford Society. He said that, along with his partner, he is involved with maintaining Deptford’s essential uniqueness whilst supporting growth in the development in the local economy. Joint meetings have been planned with local businesses, owners of bars and cafes whilst maintaining harmony between local organisations, business owners and wishes of local residents.

 

3.19    Mr Collins said that the video showed that there is low ambient noise in the high street; there is little through traffic outside peak hours, train frequency is relatively low and the street is not on a bus route. The current trend of converting empty shops into bars is increasing the number of licensed premises in the vicinity. When the hours approved are for late night licences, the quality of life for existing residents is eroded.

 

3.20    Although conditions had been agreed, the Deptford Society believe that the underlying issues will not be addressed unless unrealistic and expensive structural changes are made to the building.

 

3.21    There is potential for public nuisance because 10 people will be smoking outside the premises on a small two metre wide pavement and close to residential properties. Although residents experience the noise from groups of people walking down the road, this would be a permanent noise until late in the evening. The nearby railway bridge would be an area that smokers would use when it rains; this could amplify the noise of people chatting as they smoke.

 

3.22    Mr Collins said that although one of the conditions prevents drinks being taken outside after 10pm, he said that the Deptford Society would recommend that drinks should never be allowed outside the premises.

 

3.23    Mr Collins questioned how the queue outside the premises would be managed. The pavement is not wide enough for smokers, a queue would exacerbate noise nuisance.

 

3.24    The Chair asked the Crime and Enforcement Manager about the condition relating to drinks being taken outside the premises. Ms Hooper said that there were two conditions relating to the issue. They were contradictory and she recommended that members consider amending these conditions during deliberations.

 

3.25    The Chair said that the meeting would now go into closed session. All parties would be advised of the decision within 5 working days. She thanked the applicants for attending the meeting.