Agenda, decisions and minutes

RESOLVED that the minutes of the meeting of the Licensing Committee held on 16 December 2021 be confirmed and signed.

Councillor Elliott said that the premises was in the ward where he lives. He had been to the café and his wife was on the Telegraph Hill Management Committee up until 2017. He believed that he could make a fair and unbiased judgement on the application.

Application for the variation of a premises licence at The Hill Station, Telegraph Hill Community Centre, Kitto Road SE14 5TY.

In the matter of this application for the variation of 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:

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 with the conditions attached. In addition, the terminal hour for licensable hours will remain as 2300 hours on any day and not 2330 hours as in the application, with a closing time of 30 minutes later. The starting time for the sale of alcohol will be 12 noon rather than 10am. The only increase from the current licence will, therefore, be that alcohol could be sold from 12 noon rather than 6pm.

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

1    Members of the Committee noted the representations made by residents. The main concern was that of noise nuisance emanating from the premises. It had been a problem for many years and caused a lot of stress for nearby residents

2.    The Committee noted further that the environment surrounding the café was significant because it was at the top of the hill and the geography of the area created a corridor which was effectively a canyon, serving to amplify and transmit noise.

3.    Members of the Committee noted management had worked with residents in an effort to resolve issues but residents did not believe that they were listened to or that they understood the problems the café was causing local residents over many years.

4.    Members of the Committee noted the representations made by the applicant. Discussions had been held with the Police and subsequent amendments to the application was made. The applicant had engaged with residents, addressing their concerns and explaining misunderstandings around the application.

5.   The application was for a modest increase in the operating hours and the number of conditions on the licence would increase from 8 to 30.

6.   The applicants are committed to the promotion of the licensing objectives. There was requirement for record keeping, training, complaint recording and management and the operation of an effective dispersal policy to minimise disturbance and promote public safety.

7.    Members of the Committee noted that there had been numerous Temporary Event Notices over the years but there had not been any representations from regulatory authorities. It was agreed that the granting of the premises licence and raft of conditions, would ensure that the four licensing objectives were upheld.

Conditions

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 Manager to introduce the application.

            Crime, Enforcement and Regulation Manager          

3.2     The Crime Enforcement and Regulations (CER) Manager said that members were being asked to consider an application for the variation of a premises licence for The Hill Station, Telegraph Hill Community Centre, Kitto Road SE14 5TY. She outlined the application and said that two representations had been received from 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      Mike Nickson said that he was Director of Licensing Consultancy in Confidence representing the applicants Jacqui Shimidzu, the Designated Premises Supervisor, and Kristyn Mitchell.

3.5      Mr Nickson said that there had not been any representations from responsible authorities. Slight amendments had been made to the application following discussions with the Metropolitan olice.

3.6      The aim of the application was to seek a modest increase in the operating hours, remove the regulated entertainment, except the exhibition of films, and strengthen the licence holder’s commitment to promoting the licensing objectives. The current licence only had 8 conditions. If the application was approved there would be over 30 new conditions. These conditions had been circulated to all interested parties.

3.7      There was clear commitment to the promotion of the licensing objectives. There was requirement for record keeping, training, complaint recording and management and the operation of an effective dispersal policy to minimise disturbance and promote public safety. If the application was not approved, the current licence with its limited conditions, would remain in place.

3.8      Further conditions had been proposed by the applicants to address the concerns of the residents regarding placing bottles in commercial bins late at night. He read out the condition which stated that no waste bottles would be moved in outside areas between the hours of 2200 and 0800. In addition, the terminal hour for licensable hours would remain as 2300 hours on any day. Not 2330 hours as in the application, with a closing time of 30 minutes later. The starting time for the sale of alcohol would be 12 noon rather than 10am. The only increase from the current licence would, therefore, be that alcohol could be sold from 12 noon rather than 6pm.

3.9      The removal of some historic conditions was being sought but this had been misinterpreted by residents. One of which was that doors would be closed while live music was being played. Since the advent of the Live Music Act 2012, this condition was redundant and unenforceable. However, the applicants would not disregard their responsibility to prevent public nuisance. They had installed acoustic curtains to help reduce noise.

3.10    The removal of the existing restrictions regarding serving spirits, was so that customers could be served cocktails  ...  view the full minutes text for item 30.