Agenda, decisions and minutes

RESOLVED that the minutes of the meeting of the Licensing Committee held on 26 May and 1 June 2021 be confirmed and signed.

None.

In the matter of the variation of the 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 the variation of the premises licence was REFUSED. However the following amendments to the current licence proposed by the Police and Crime, Enforcement and Regulation Team were agreed:

 Annex 2 - There shall be no admittance or re-admittance to the premises after 00:00 changed to 01:00.

Annex 3 - There shall be no admittance to the premises after midnight on Fridays and Saturdays changed to 01:00.

Noise Limiter:

(a)  If officers of the council witness noise at a level that causes unreasonable disturbance to the occupants of any properties in the vicinity then a noise-limiting device shall be used in relation to all sound amplification equipment used in conjunction with the Premises License.

(b)  The level of this meter must be set in accordance with required legislation and standards by a qualified sound engineer, as so not to cause a noise nuisance. The limiter must be sealed in such a way that no unauthorised person can tamper with it. All amplified music played at the premises must be passed through the noise limiter. An annual calibration of the noise limiter must take place by a qualified sound engineer and recorded in the incident book.

(c)  When musical entertainment is offered at the premises after 23.00 hours, management will ensure regular monitoring in the vicinity of the premises to establish if there is noise breakout from the premises.

The Committee agreed that by permitting this change, it would allow the premises to cater to their regular patrons who attend late and allow them to recoup lost revenue as a result of restrictions placed upon the hospitality industry.

It was also expected that there would be a reduction in the amount of people loitering around the premises, causing a nuisance to local residents as they will be denied re-entry.

At this present time, it was considered necessary to object to any extension of hours for existing licensable activity at this premises, as a way of safeguarding local residents from the possible negative impact.

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 residential area and the noise created by patrons is affecting the lives of local residents. The re-admittance of patrons encourages groups of people to gather in the local area. The installation of a noise limiter would reduce the level of noise inside the premises but not outside in the surrounding area.  ...  view the full decision text for item 6.

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 an application for the variation of a premises licence for Flower of Kent 135 Lewisham Way, SE14 6QP.  She outlined the application and said that 17 representations had been received from interested parties on the grounds of public nuisance.

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      Ms Francis said that the application had been made because the Flower of Kent had been closed for a year and 2 months and they were trying to build up their trade. She said that most of their customers work late and the premises is closed when they would like a drink. She said that the application for an extension of opening hours was in response to requests from patrons. Having spoken to P.C Butler, they decided to reduce the hours applied for by one hour to a closing time of 3pm and to midnight on Thursday and Sunday.

3.5      Mr Lloyd then addressed the committee. He apologised for any inconvenience caused to the neighbours. He had tried very hard to work with them. He said that he had applied for the variation of the licence because when customers were not allowed to re-enter the premises, they stood outside making noise. He said that customers did not fight outside the premises or cause anti-social behaviour and he said that the claims of nuisance made by residents was wrong. If residents were enduring nuisance, it was not caused by the patrons of the Flower of Kent. In one of the objections, there was a reference to ‘those people’. He suggested that this could be a racist comment.

3.6      Councillor Howard asked when the Flower of Kent opened after lockdown and was advised 17 May. She said that there had been many claims of nuisance associated with the premises from a number of people including councillors. She asked the applicants whether the situation could be monitored over a period of time. Mr Lloyd said that they were close to bankruptcy. If they could not extend their opening hours, the business would fold. He said that noise was monitored every hour during opening hours in the premises, and he checks for noise outside the premises as well

3.7      The Chair then asked the Crime, Enforcement and Regulation (CER) officer to address the issues relating to this case. Mr Olaniran said that along with P.C Butler, they met the applicants to discuss their concerns and as a result were proposing amendments to the conditions under Annex 2 and Annex 3 which relates to the restriction of entry and re-entry to the premises. He considered that the proposed changes were  ...  view the full minutes text for item 6.

Consideration of this application was postponed until 10 August 2021. (The objection was subsequently withdrawn).

            This item was postponed until the next meeting of this Committee to be held on 13 July 2021. (This date was changed to 10 August 2021)