Agenda, decisions and minutes

RESOLVED that the minutes of the meeting of the Licensing Committee held on 3 June 2020 be confirmed and signed.

2.1    Councillor Wise declared a non-pecuniary interest in item 3. Her ward is opposite the premises. Any activities from the establishment could and would affect residents in her ward. The legal officer asked Councillor Wise whether she believed that she could make a fair and objective decision on this item. Councillor Wise confirmed that she could.

2.2    Councillor Anwar declared a non-pecuniary interest in item 3 because he is ward councillor for the premises. The legal officer asked Councillor Anwar whether the application affected him personally and whether he felt he could make a fair and objective decision. Councillor Anwar confirmed that the application did not affect him personally and he could make a fair and objective decision. 

Licensing Committee 18 June 2020 – Fantastic Morley Chicken 307 Stanstead Road SE23 1JB

In the matter of the application for the variation of 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 the variation of a premises licence was GRANTED as applied for subject to the conditions below being added to the licence.

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

1.    The Committee noted the representations made by the applicant. He is an experienced business man and has worked at the premises for 5 years. There have not been any complaints regarding anti-social behaviour from the Police.

2.    The Committee noted that the applicant has worked with the local authority in an effort to clear rubbish from the local area. Overflowing bins were removed and rubbish was cleared.

3.    It was also noted that the applicant co-operated with Police providing CCTV when evidence of fly tipping was identified.

4.    The applicant claimed that because online delivery companies will be used to delivering food orders, there would not be any noise from delivery staff waiting around for orders, with engines running, outside the premises. Delivery companies will be ordered when food is ready for despatch.

5.    The Committee noted the representations made by 4 local residents and all written evidence. Huge efforts had been made in recent years to clear up the local area of rubbish. It was claimed that if the licence were granted, the area would return to being a problem spot for residents and increase costs to the council, who would have clean the area again. Parking is already a huge problem in the area and there is no parking outside the premises for delivery drivers or in surrounding areas.

6.    The Committee noted residents’ concerns regarding crime and disorder. Large numbers of young men already loiter outside the premises and if the licence is granted, there could be underage drinking. Drug dealing operates outside the shop and the applicant is unable to control this, so residents avoid walking past this shop, particularly at night. Residents have seen patrons eating inside the premises during lockdown which was illegal and do not have confidence in the applicant; they do not believe that he will adhere to the conditions on his licence.

7    The Committee noted that the premises is situated in a residential road where there are a few shops. There are many schools in the area and many of these children frequent the shop. Customers sit outside with their engines running and residents do not believe that most customers are from the local area. The granting of the licence would have a negative impact on peoples’ lives.     

8.   Representations were not received from any responsible authorities.

9.   The Committee noted that the applicant  ...  view the full decision text for item 32.

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 Hooper to introduce the application.

            Licensing Officer   

3.2      Ms Hooper said that members were being asked to consider an application for the variation of a premises licence for Fantastic Morley Chicken 307 Stanstead Road SE23 1JB. She said that the premises is in Crofton Park ward not Sydenham as stated in the report.

3.3      Ms Hooper outlined the current licensable activities and the particulars applied for under the Full Variation application. She said that representations had been received from five interested parties on the grounds of all four licensing objectives. Conditions had been agreed between the Police, Crime and Enforcement Officers and the applicant in order to promote the four licensing objectives. Objections had not been received from any responsible authorities. She outlined the options open to members of the Committee when making their decision.

            Applicant

3.4      Mr Mahendraravi said that he has been managing this business for 5 years. He said that most of the custom is through takeaway and delivery. He said that he wants to apply for a licence to sell alcohol because his customers want to buy alcohol as well as food. He does not have many customers at the shop after 9pm, there are more orders for delivery after this time.

3.5      Mr Mahendraravi said that Lewisham Council collect the waste in the bins outside the shop. He said that there used to be a problem with waste outside the premises not associated with the shop, but now the area is clear. He offered to show a live video of the area but the legal officer advised against showing evidence that had not been submitted before the meeting.

3.6      Mr Karapathi said that the applicant has worked at the premises for a long time, and there had not been any complaints from any of the responsible authorities. He said that the business is in a residential area but on a high street and there are other businesses in the area that have late licences to sell alcohol. One of the objections made was regarding a bin; it was a public bin on the street. Local people left rubbish in this bin until it was overflowing and it was the applicant who called the local council to remove the bin.

3.7      Most of the customers who come to the premises are local people and on- line delivery companies like Uber are hired to deliver the food; they do not have their own delivery scooters. Vehicles will not be parked outside the premises waiting for orders, the delivery company send vehicle scooters when the food is ready to be delivered. “Challenge 25” is enforced by the delivery companies

3.8      Residents had also complained about anti-social behaviour. The applicant will not be operating an off-licence; the alcohol will not be displayed but kept under the counter for sale with  ...  view the full minutes text for item 32.

Licensing Committee 18 June 2020 – Job Centre 120-122 Deptford High Street SE8 4NS

In the matter of the application for the variation of 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 the variation of a premises licence was GRANTED as follows:

Provision of regulated entertainment (Recorded Music)

10:00 – 01:00 Friday to Saturday

Alcohol for consumption ON and OFF the Premises

10:00 – 01:00 Friday to Saturday  

Late Night Refreshment

23:00 – 01:30 Friday to Saturday

and an additional 2 hours on New Year’s Eve.

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

1.    The Committee noted the representation made by the applicant. The Job Centre has been well run over the last 5 years. Following advice from the Police and as a result of the success of this business, an application for an extension of hours had been made.

2.    The Committee noted that the Job Centre had worked with the local authority and the Police on this application and they did not have an objection to the extension of hours.

3.    The Committee noted that the premises agreed with the proposed conditions; security on a Friday and Saturday would help to control any noise.

4.    The Committee considered the representation made on behalf of the Deptford Society. The current licensee is a responsible operator and the premises is well managed.

5.    The Committee noted the representation that there are a large number of residential units near to the premises and residents could be affected, if the hours of operation are extended.

6.    The Committee noted that the area is used on market days and the set- up commences at 6am on Friday and Saturday. On these days, residents would only have 4 ½ hours of undisturbed sleep. This would affect residents who go to work on a Friday morning.

7    The Committee noted the wider concerns, that over recent years, there has been a move to grant a growing number of late night licences for premises on the high street. The fundamental living conditions of residents in the high street is being eroded.

8.   Representations were not received from any responsible authorities.

9.   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.

CONDITIONS FOR THE JOB CENTRE, 120-122 DEPTFORD HIGH STREET SE8 4NS

1.    A minimum of 1 SIA registered door staff, to be employed on every Friday and Saturday evening from 21:00hrs and to remain in place until 30mins passed closing time. This must also include New Year’s Eve, as this is expected to be a peak time.

2.    A record of the Door staff  ...  view the full decision text for item 33.

4.1      The Chair welcomed all parties to the remote meeting of the Licensing Committee. She invited Ms Hooper to introduce the application.

            Licensing Officer   

4.2      Ms Hooper said that members were being asked to consider an application for the variation of a premises licence for Job Centre 120-122 Deptford High Street SE8 4NS. She outlined the application and said that representations had been received from three interested parties on the grounds of public nuisance. Conditions had been agreed between the Police, Crime and Enforcement Officers and the applicant in order to promote the four licensing objectives. No objection had been received from any responsible authorities. She outlined the options open to members of the Committee when making their decision.

            Applicant

4.3      Mr Alderman said that the Job Centre has been well run over the last 5 years. Following advice from the Police and as a result of the success of this business, an application for an extension of hours had been made.

4.4      The application is reasonable and all conditions suggested by relevant authorities had been agreed. There were concerns about noise but security on a Friday and Saturday at the premises would help to control this and the number of smokers would be limited.

            Representation

4.5      Mr Richardson made the following points

·         The current licensee has a current track record as a responsible operator and his business is welcomed on the high street.

·         There are residential dwellings surrounding the premises.

·         The area of the high street near the premises, is used on market days from 6am on Friday and Saturday. If a licence is granted until 1.30am residents would only have 4 ½ hours undisturbed sleep on a work day.

·         The conditions do not require door staff to be hired. If staff were hired, it would ensure that taking drinks outside after restricted hours, limiting the number of smokers and dispersal of customers at the end of the night would be well managed.

4.6      Mr Richardson wanted to raise the wider concern, that over recent years, there has been a move to grant a growing number of late night licences for premises on the high street. The fundamental living conditions of residents in the high street is being eroded. In addition, the current draft provisions of Lewisham’s licensing policy classifying the various districts in the borough for operating hours, Deptford High Street is identified as a district hub, the same category as New Cross, Forest Hill, and Blackheath, giving 1am as the preferred latest closing time.  Whereas Brockley and Hither Green are classified as a local hub with a preferred closing time of midnight. Deptford High Street has a high density of homes and negligible road traffic compared to these areas. There are low levels of traffic in the evening and ambient noise.

4.7      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.