Agenda, decisions and minutes

RESOLVED that the minutes of the meeting of the Licensing Committee held on 14 September 2021 be confirmed and signed.

None.

In the matter of this application for a Premises Licence,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, the application was GRANTED as follows:

Alcohol for consumption ON the premises

08:00 – 00:00 Sunday – Thursday

08:00 – 01:00 Friday - Saturday

Recorded & live Music, Late Night Refreshment

23:00 – 00:00 Sunday – Thursday

23:00 – 01.00 Friday – Saturday

The 28 conditions agreed between the Police and applicant were also agreed (attached to this letter) along with the extra condition:

All sales or supply of alcohol at the premises between the hours of 8am and 12 noon shall only be to a person(s) seated, taking a table meal there and for consumption by such a person as ancillary to their meal.

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

1    Members of the Committee noted the representations made on behalf of the applicant. Management had worked with responsible authorities and accepted all recommendations.

2.    The Committee noted that the applicant had accepted that residents had experienced noise nuisance. In future, management agreed to have a dispersal policy in place to ensure that patrons did not loiter outside the premises and would encourage them to leave the area. In addition, all doors and windows would be closed at all times except where patrons were entering and exiting the premises and a noise limiter would be installed by a qualified sound engineer.

3.    Members of the Committee noted the representations made by the Crime Enforcement and Regulatory Service. Their objections had been made on the grounds of potential of public nuisance.  The premises is within an area classed as a district hub. Lewisham have a licensing policy, and the preferred hours for district hubs was considered to be appropriate for the premises.

4.    Members of the Committee considered a representation made by a local resident. The main concerns of residents stemmed mainly from the events that took place on 29 August 2021. Video and photograph evidence of some of the events during the evening had been taken.

5.   The Committee noted that door staff had not been helpful when a resident drew attention to the loud noise emanating from the premises on 29 August 2021. The noise could be heard several streets away.

6.    Members of the Committee agreed that the granting of the premises licence in line with hours recommended in Lewisham’s Licensing Policy as well as the added conditions, would ensure that the four licensing objectives were upheld.

Agreed conditions for Suya and Lobster 4 Deptford Broadway SE8 4PA

 1/ The premises shall install and maintain a comprehensive CCTV  ...  view the full decision text for item 23.

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 Enforcement and Regulations Officer to introduce the application.

            Crime, Enforcement and Regulation Officer  

3.2     The Crime Enforcement and Regulations (CER) Officer said that members were being asked to consider an application for a premises licence for Suya and Lobster, 4 Deptford Broadway SE8 4PA. He outlined the application and said that representations had been received from two residents within close proximity to the premises primarily on the grounds of prevention of Public Nuisance. 

3.3      The CER Manager then outlined the powers available to members when making their decision.

            Applicant

3.4      Mrs Iwelu then addressed the Committee. She said that the complaint received from members of the public was based on public nuisance particularly noise. There had been reference to 29 August 2021 when noise nuisance was heard up to 5am.

3.5      Mrs Iwelu said that Suya and Lobster, had been hosting late night events under Temporary Event Notices. There had been over 21 TENS. Only one complaint had been received following all these events. The application had been made for an alcohol licence until 3am not 5am because of complaints regarding a 5am finish on 29 August 2021. The small number of complaints received proved that the four licensing objectives would be upheld if the licence was granted.

3.6      Mrs Iwelu said that residents claimed that there had been a fight on the premises on 29 August 2021. She said that this was not true, in fact there had not been any visits from the Police or the CER team regarding fights on the premises.

3.7      Members were advised that a noise limiter would be fitted in the premises. This device would be fitted by a qualified sound engineer to reduce noise and had been recommended by the Police.

3.8      Members were also advised that Suya and Lobster had a dispersal policy which would ensure that patrons did not gather in the vicinity of the premises causing noise nuisance for local residents. Patrons would be provided with telephone numbers for local taxis, transport information and signs would be posted to encourage patrons not to cause noise nuisance. Management had also agreed that there would not be any outside seating after 10pm.

3.9      Mrs Iwelu said that all doors and windows would be closed at all times except where patrons were entering and exiting the premises. She said that management wanted to be accountable for, and monitor these changes so there would be an incident log where any issues would be recorded and would be available to the licensing team and the Police.

3.10    Mrs Iwelu said that management had applied for an alcohol licence until 3am because other establishments had similar licensing hours. Deptford is a bustling area with late night economy and was what the community wanted. She believed that Suya and Lobster was being managed well and granting of  ...  view the full minutes text for item 23.

In the matter of this application for the variation of a Premises Licence,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, the application was REJECTED.

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

1    Members of the Committee noted the representation made on behalf of the applicant. He said that the applicant accepted all the recommendations made by the Police and the CER service.

2.    The Committee noted the representation made by the Crime Enforcement and Regulatory service. Over several years, the CER service had received several complaints from residents with regard to noise nuisance emanating from the premises causing disturbance in the area.

3.    In April 2021, the CER service had received reports of loud music, karaoke and fighting taking place at the premises.

4.    On Sunday 1 August three male patrons from the premises had been involved in a fight, and a female was assaulted. The applicant did not take the appropriate steps to resolve the matter and the applicant held one of the males to the floor as he talked to him.

5     On 7 August 2021, the CER Officer made a site visit to Tropical Juice. Two breaches of conditions were noted; the incident log had been taken home by the applicant and there was no summary licence on display. Despite constant attempts to assist management, CER officers believed that the DPS had attempted to avoid them on occasions. Officers did not have confidence in the DPS and did not believe that he could manage the premises effectively.

6.    The Committee noted the representation made by the Police. Tropical Juice had a history of bad management. A GBH offence was alleged to have taken place on 1 August 2021 outside the premises. Criminal investigations were on going. There were serious concerns about the staff and management at the premises and how they conducted themselves.

7.    Members of the Committee had major concerns regarding public safety at the premises and agreed that the application should be rejected.

4.1      The Chair then welcomed the applicant for Tropical Juice, Ramiro Enríquez to the meeting and asked the CER Manager to present the application.

4.2      The Crime Enforcement and Regulations (CER) Manager said that this hearing was in relation to representations to a full variation application for Tropical Juice, Unit 5 La Placita Mall 149 New Cross Road SE14 5DJ. She outlined the application and the current licensed hours. She said that two representations had been received from responsible authorities; P.C Simon Butler and Frank Olaniran from the CER team, on the grounds of prevention of Prevention of Crime and Disorder and Prevention of Public Nuisance and Public Safety.

4.3      The CER Manager then outlined the powers available to members when making their decision.

Applicant

4.4      The Chair welcomed the applicant Ramiro Enríquez and he addressed the Committee. He said that he had considered recommendations made and he wanted to accept the reduced hours to midnight and all the recommendations made by the Police and the CER service.

            Representation

4.5      The CER officer said that along with his colleague, Mr Olaniran, they had made representations against the application on behalf of the CER team on the grounds of public nuisance and public safety.

4.6      Over several years, the CER service had received several complaints from residents with regard to noise nuisance emanating from the premises causing disturbance in the area. Three establishments within La Placita Mall had licences to sell alcohol. During officers’ ongoing investigation of noise complaints, noise nuisance was not witnessed. Tropical Juice provide Karaoke, and officers had provided advice on how to facilitate this without generating complaints. Despite warnings to management, the CER service had received reports of loud music, karaoke and fighting taking place at the premises in April 2021.

4.7      The CER Officer said that talks with management and monitoring had continued. On 2 August 2021, the CER service was made aware of an incident that took place on Sunday 1 August. Video footage was provided, and three male patrons from the premises were involved in a fight; a female was assaulted. The applicant did not take the appropriate steps to resolve the matter and the applicant could be seen holding one of the males and talking to him to the floor.

4.8      The CER Officer said that the service was also advised that the main instigator of the fight was seen entering the premises the following day with the applicant and allowed to consume alcohol.

4.9      On 7 August 2021, the CER Officer said that he made a site visit to Tropical Juice with the intention of inspecting the premises’ incident log with regard to the incident on 1 August. He was informed that the incident book had been taken home by the applicant and was unavailable for scrutiny, which was a breach of their licence conditions. There was a book behind the counter, but it did not show any details of the encounter. No summary licence was available on arrival but rectified during  ...  view the full minutes text for item 24.