Agenda, decisions and minutes

RESOLVED that the minutes of the meeting of the Licensing Committee held on 9 August 2022 be confirmed and signed.

Councillor Shrivastava declared that he is Ward councillor for New Cross Gate ward. Five Bells is in this ward.

The Five Bells, 155 New Cross Road, London, SE14 5DJ

Lewisham LBC, Licensing Committee

Application for variation to premises licence (PL0144)

DECISION NOTICE

1.    The Craft Union Pub Company Ltd (“the Applicant”) has submitted an application to vary the premises licence for the Five Bells, 155 New Cross Road, London, SE14 5DJ (“the Premises”).

2.    The Premises is currently authorised for the following licensable activities:

3.    The application seeks to add regulated entertainment to the licence:

4.    There was one relevant representation in response to the application, received from a member of the public.  There were no objections from the responsible authorities, however, a long list of conditions were agreed between the Applicant and the police and licensing authority prior to the hearing.

5.    The Licensing Committee held a hearing on 24 August 2022 to consider that representation.

6.    In making its decision, the Committee has taken into account all of the papers in the reports pack and the evidence and submissions presented by the parties at the hearing.  It has also taken into account the Council’s Statement of Licensing Policy and the Home Office’s statutory guidance.

7.    The Committee’s decision is to grant the application.  Its reasons are as follows:

·         The proposed variation would not extend the Premises’ authorised trading hours, as the proposed hours for regulated entertainment mirror that already permitted for the sale of alcohol.

·         The Premises have traded within its existing hours without any significant problems being reported to the responsible authorities.  It is significant that no responsible authority objected to the application.

·         A detailed list of conditions have been agreed with the Applicant which will minimise the potential for noise nuisance.

·         Accordingly the Committee considers it is unlikely that granting this application will cause public nuisance and therefore it is appropriate to vary the licence as sought, subject to the conditions listed at pages 37-39 of the reports pack.

8.    There is a right of appeal against this decision.  Any appeal should be made to the magistrates’ court within 21 days beginning with the day on which the appellant was notified of this decision.

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 Mr Lockett to introduce the application.

            Senior Licensing Officer 

3.2     Mr Lockett said that this hearing was in relation to representations to an application for the variation of a premises licence for Five Bells 155 New Cross Road SE14 5DJ. He outlined the current licensable activities for the premises. He said that the application was for regulated entertainment and he outlined the proposed activities. One representation had been received from a local resident, suggesting that the premises had been carrying out regulated entertainment for a while and that loud music and congregations of patrons outside had caused a noise nuisance. If the application was granted, it had been suggested that any existing problems would be exacerbated and extended into the early hours of the morning.   No representations had been received from responsible authorities because conditions, included in the agenda, had been agreed.

3.3      Mr Lockett then outlined the options open to members of the Committee when making their decision.

            Applicant

3.4      Mr Green spoke on behalf of the applicant. He outlined the company, the vast size and experience of that company and said that it had recently won the accolade, the pub company of the year.

3.5      Mr Green said that the company had made this application because for some unknown reason, regulated entertainment had not been on the premises licence. This condition was on the licence for most pubs throughout the country.

3.6      Mr Green said that the applicants were very experience operators, they had employed the same security door staff for over 6 months. He was not aware of any noise complaints since Craft Union took over the premises is 2019.

3.7      Reference was then made to the representation.  Extra conditions had been agreed with the Police and licensing team and were included in the agenda. A number related to escape of noise and of nuisance. He hoped that the addition of these conditions would allay the fears of the objector. 

3.8      Reference was then made to the objection received from a resident. She had stated that the premises was in a heavily populated residential area with many family homes. However, only one resident had made an objection. Mr Green disputed that the area, particularly at the front of the premises, was anything but a busy commercial area. He did appreciate that there were some residential properties down the back and bottom of the side street.

3.9      In the objection, there had been a reference to a Facebook page. Mr Green said that it was an old page opened by a previous operator. It had nothing to do with the current operators.

3.10    Noise nuisance had been raised in the objection and Mr Green said that the added conditions addressed the issue of noise. Reference had also made to planning. This was not an issue for this Committee but he assured  ...  view the full minutes text for item 6.

Consideration of this application was postponed until 6 September 2022.

Consideration of this application was postponed until 6 September 2022.