Agenda, decisions and minutes

RESOLVED that the minutes of the meeting of the Licensing Committee held on 27 January 2021 be confirmed and signed.

None.

In the matter of this new Premises Licence application,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 for a premises licence was GRANTED subject to the following amended hours of operation and conditions.

·         The sale of alcohol (on and off-sales) from 9am to midnight Sunday to Thursday and from 9am to 1am Friday and Saturday;

·          To provide late night refreshment from 11pm to midnight Sunday to Thursday and from 11pm to 1am Friday and Saturday;

·          To provide regulated entertainment in the form of recorded music only from 11pm to midnight Sunday to Thursday and from 11pm to 1am Friday and Saturday.

·         The opening hours from 9am to midnight Sunday to Thursday and from 9am to 1am Friday and Saturday.

·         No extension of standard timings on Christmas Day or Easter Sunday.

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

1.         Members of the Committee noted the representations made by local residents. This premises is situated in a suburban family area of predominately semi-detached houses and flats. Noise from music could disturb local residents.

2.      The Committee also noted residents’ claims that the application did not make any reference to the Licensing Policy 2020-2025 particularly with regard to the nature of the locality, proximity of local residents, hours of operation and the potential for noise nuisance including the lack of car parking.

3.      The Committee considered the representations made by the Applicant’s agent.  The applicant has formed a company which currently operates at Coconut Palm Caribbean restaurant, 225 Bromley Road. It is a business that is well run and has not been of any concern to responsible authorities.

4.      The Committee noted that the applicant wishes to run a successful business at 235 Bromley Road and to this end had address some of the concerns raised by local residents. The hours of operation had been reduced, and extra conditions added to ensure that the exterior remains clean, the number of people on the premises excluding staff shall not exceed 10 and that no more than 4 people shall smoke outside until 2200 hours and no more than two thereafter.

5.      Members of the Committee took advice from officers regarding the Council’s Licensing Policy during the closed session and based on the evidence before them, agreed that the revised hours of operation and the addition of these extra conditions would ensure that the four licensing objectives would be upheld.

Conditions for Original Jerk Bites, 235 Bromley Road SE6 2PG.

1.  The premises shall install and maintain a comprehensive CCTV system. All entry and exit points will be covered enabling frontal identification  ...  view the full decision text for item 3.

3.1      The Chair welcomed all parties to the Licensing Committee. He introduced those present, and outlined the procedure to be followed for the meeting. He then invited the Crime and Enforcement Manager to introduce the application.

            Licensing Officer   

3.2      Ms Spall said that members were being asked to consider an application for a new premises licence for Original JerkBites Ltd 235 Bromley Road SE6 2PG. She outlined the application and said that 14 representations had been received from interested parties. Conditions had been agreed between the Police, Crime and Enforcement Team and the applicant which were included in the agenda.

3.3      Ms Spall 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      Luke Elford said that there had been changes to the original hours of operation as set out in the case summary circulated to all members of the committee and all interested parties. The latest hour of operation had been amended to 1am on a Friday and Saturday, midnight Sunday to Thursday and applied to all the licensable activities. In addition the request for live music had been removed so that only recorded music would be played. The request for later hours on Christmas day and Easter Sunday had been withdrawn.

3.5      Mr Elford said the premises would be managed as a small takeaway business. The applicant wanted to provide licensable activities from the premises for a small number of people. There would not be any more than 10 customers on the premises plus staff at any one time. Any alcohol sold would be ancillary to food, this was one of the conditions offered by the applicant.

3.6      Mr Elford advised those present that the applicant owns the Coconut Palm restaurant which is a few doors down from 235 Bromley Road. It operates under the same hours as those proposed for the Original Jerk Bites Ltd. It is a well-run business and apart from a comment from the planning department none of the responsible authorities had objected to the application.

3.7      The application had been vicariously described as a prospective night club. Mr Elford said that he could see why there had been this misunderstanding because an application for a premises licence until 3am and live music could indicate the possible management of a night club. However, the premises was too small for this type of activity because it could only accommodate 6 people standing.

3.8      In conclusion, Mr Elford said that the applicant had considered the objections received from local residents, and in an effort to allay some of their fears, he suggested measures that would promote the licensing objectives. He referred members to the conditions in the case summary.

3.9      In response to questions from councillors, Mr Elford responded as follows:

·         There would be five seats at the premises. Small stools that would abut the counter at the front of the premises.

·         The business would be a small take-away business. Jerk  ...  view the full minutes text for item 3.