Agenda, decisions and minutes

RESOLVED that the minutes of the meeting of the Licensing Committee held on 2 December 2020 be confirmed and signed.

None.

In the matter of this Premises Licence review,the Committee has considered all the relevant representations made by all parties.

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 secretary of state’s guidance and the principles of our licensing policy:

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, it was agreed that:

1.            The DPS be removed due to the mismanagement of the premises on a day to day basis.

2.            The licence be suspended for 3 months to allow the premises to put in place a viable, responsible person to take up the role as DPS.

3.            Hours of operation be reduced to Midnight.

4.            Live Music be removed.

5.            Prominent signage be provided to inform customers no drinks may be taken outside.

6.            The Police and local authority must be given instant access to CCTV. The wording of the current CCTV condition be changed from ‘ CCTV is installed to Data Protection Standards and will be made available to the Police and licensing Authority on request. Recordings shall also be kept for 31 days’ to

‘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 off 42 days with date and time stamping. Recordings shall be made available immediately upon the request of Police or authorised officer throughout the preceding 31 day period. The CCTV system should be updated and maintained by the management.’

7.            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 authorised council officer recent data or footage with the absolute minimum of delay when requested.

8.            An incident and refusals book be introduced in order to record any incidents of police/local authority visits, breakage or faults to CCTV equipment, crimes, refusals of sale due to underage/persons being drunk

9.            Two SIA registered door staff to be on duty daily between 21hrs and closing.

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

1.      Members of the Committee considered the representations made by the Police. There had been repeated breaches of conditions at the premises. There were not many conditions on the current licence but several had been breached. 

·               On 2,10,23 and 30 August and 5 20 September 2020 SIA door staff had not been employed.

·               Music failed to stop at 11pm and was played loudly with the doors open on  ...  view the full decision text for item 21.

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 the Crime and Enforcement Manager to introduce the application.

            Licensing Officer   

3.2      Ms Hooper said that members were being asked to consider the review of a premises licence for Maestro 44 – 45 Deptford Broadway SE8 4PH. She said that P.C Butler had made the application and said that representations had been sought on the grounds of public safety, prevention of public nuisance. and prevention of crime and disorder. She outlined the current activities for which the premises were licensed. No objection had been received from any other responsible authorities, however, she recommended that members should note that P.C Butler’s statement included a statement from Frank Oluniran from the Council’s Crime and Enforcement Service.

3.3      Ms Hooper outlined the options open to members of the Committee having considered all the evidence presented to them and when making their decision.

            Applicant

3.4      Mr Tom Bushnell then outlined the application on behalf of the Metropolitan Police. He said that there had been repeated breaches of conditions on the premises licence. There were not many conditions on the current licence but several had been breached. 

·               On 2,10,23 and 30 August and 5 and 20 September 2020 SIA door staff had not been employed.

·               Music failed to stop at 11pm and was played loudly with the doors open on 2 August 2020 following which a resident made a formal written complaint. Breaches continued on 10,,23 and 30 August 2020.

·               A sound limiter was claimed to have been delivered on 5 August 2020 but it was never installed.

3.5      Mr Tom Bushnell said that there had been inadequate engagement with Police and the local authority by management.  The local authority and Police had worked hard to engage with management. P.C Butler and Mr Oluniran had tried hard to engage with the premises. Seven separate visits were made to the premises and 2 letters sent from separate bodies within the local authority. 

3.6      Members were advised that this review had been brought before members as a last resort. If management had made attempts to rectify the breaches made, the application would not have been made. P.C Butler had, therefore, recommended that changes be made to the conditions on the licence; he was not recommending that the licence be revoked because it was hoped that the changes would ensure that the premises operate within the four licensing objectives. All conditions were targeted to address the breaches identified within the premises.

3.7      The removal of the DPS was considered necessary and particularly the following three conditions:

• Removing live music to address the noise issues at the premises. Live music was considered to be inherently more difficult to control than recorded music.
• Reducing the terminal hour until midnight because there had been noise until 12.30am in August 2020.
• Two SIA staff to be employed between 9pm and closing, to address the problems  ...  view the full minutes text for item 21.