Agenda, decisions and minutes

RESOLVED that the minutes of the meeting of the Licensing Committee held on 21 June 2022 be considered at the next meeting.

None.

review of a premises licence for J6/Aces Lounge 199-201 Lewisham Way SE4 1UY

In the matter of this application for the Review of a Premises Licence,the Committee has considered all the relevant representations made by all parties.

The Committee has made the following determination to ensure 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.

The Committee made the following determination and modified the conditions of the licence to include:

• The Designated Premises Supervisor (DPS) be removed;
  
  
• The premises licence to be suspended until an appropriate DPS has been found and added to the licence (following vetting of the application by the Police) and:
  
  
• The times for the sale of alcohol to change for the following days:

12:00 – 00:30 Friday
12:00 – 00:30 Saturday
12:00 – 23:30 Sunday

The times for Monday – Thursday to remain the same.

• The times for regulated entertainment to change for the following days:

23:00 – 00:30 Friday
23:00 – 00:30 Saturday
23:00 – 23:30 Sunday

The times for Monday – Thursday to remain the same.

• The removal of the seasonal variation

• All door supervisors must be employed from a company approved and accredited by the SIA.
  
  

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

1    Members of the Committee noted the representations made by the Metropolitan Police. They had lost confidence in the management and did not consider that they were capable of upholding the licensing objectives. The Police accepted that the premises is in a high risk area but they considered that the restaurant was operating as a night club.

2.    Police had been called to a shooting incident outside the premises. It was not related to the business but when they visited the premises, several breaches of the licence were highlighted. A recurring breach was identified; operating beyond the licensed hours and during lockdown for which a fine was issued. The constant breaching of the closure times was unacceptable and if the premises had closed on time on the night of the shooting, the victim may not have been at the premises.

3.    It was also noted that the Police had met with the Premises Licence Holder on many occasions to discuss the management of the premises but the situation had not improved. Businesses were supported by the Police but this had to be balanced with the impact that it had on the community. Tensions were high and residents had been very clear that they were concerned about the management of the premises.

4.    Members of the Committee noted the presentations made by two officers from the Safer Communities Service (SCS).

• Following reports of anti-social behaviour and alleged unlicensed activity, the premises were placed on a three month Action Plan. The action plan covered areas raised within the complaints received about the premises, however no breaches were witnessed by officers from this Service.
•  During a meeting with the SCS and Police, the  ...  view the full decision text for item 64.

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

            Senior Licensing Officer 

3.2     Ms Rhodes said that this hearing was in relation to an application for the review of a licence made by the Metropolitan Police for A6/ Aces Lounge 199-201 Lewisham Way SE4 1UY.  She outlined the current licensable activities. P.C Butler had submitted an application for a review of the licence. The premises were alleged to be undermining the licensing objectives of the prevention of crime and disorder, public safety and prevention of public nuisance. The Police were seeking revocation of the premises licence.

3.3      Twelve representations had been received in support of the review from local residents. There had also been a representation from a local ward councillor, and a petition. In addition, two representations had been received from the safer communities’ service. One from the anti-social behaviour and statutory nuisance team and the other from the licensing authority. Whilst generally in agreement with the review process, the local authority recommended alternative action, namely removal of the current DPS, reduction of hours and additional conditions in order to uphold the licensing objectives.   Ms Rhodes outlined the steps available to members when making their decision.

            Applicant

3.4      P.C Butler, said that the Metropolitan Police had applied for a review of the premises licence because they had lost confidence in the management of the premises and did not consider that they were capable of upholding the licensing objectives. In addition they were incapable of addressing areas of concern raised by Police. It was accepted that the premises was in a high risk area but Police considered that the restaurant was operating as a night club.

3.5      P.C Butler said that Police had been called to a shooting incident outside the premises on 23 April 2022. It was not related to the business but when they visited the premises, several breaches of the licence were highlighted. A recurring breach was identified; operating beyond the licensed hours and during lockdown for which a fine was issued. The constant breaching of the closure times was unacceptable and if the premises had closed on time on the night of the shooting, the victim may not have been at the premises.

3.6      Police were informed of a GBH attack on a woman at 3.35am on 5 September 2021 on the premises. As a result of the attack, the woman was taken to hospital. This followed a period where the premises was found to be operating even though the government’s directive at the time, had been that the premises should be closed during lockdown. A £10k fine was issued.

3.7      It was also noted that the Police had met with the Premises Licence Holder on many occasions to discuss the management of the premises but the situation had not improved. Businesses were supported by the Police but this had to be  ...  view the full minutes text for item 64.