Agenda, decisions and minutes

RESOLVED that the minutes of the meetings of the Licensing Committee held on 27 October 2022, 7 November 2022 and 10 November be confirmed as an accurate record, and signed.

 None.

Silks, 177-181 Rushey Green, Catford, SE6 4BD

Lewisham LBC, Licensing Committee

Application for summary review

DECISION NOTICE

1.    The Metropolitan Police (“the Police”) have submitted an application for a summary review of the premises licence for Silks, 177-181 Rushey Green, Catford, SE6 4BD (“the Premises”).  The Police seek revocation of the licence.

2.    The premises licence is held by Walk Safe Security Services Ltd (“the PLH”).  The DPS is Sharna Johnson.

3.    The Licensing Committee held remote hearings using Microsoft Teams on 7 and 10 November 2022 when it decided to impose (and continue) the interim step of suspension pending this hearing.  The final hearing to consider the summary review also took place remotely on 29 November 2022.

4.    In making its decision, the Committee has taken into account all of the papers in the reports pack, CCTV footage of an incident which took place on 30 October 2022, the written evidence submitted by both parties and submissions made by the parties at the hearing.  It has also taken into account the Council’s Statement of Licensing Policy and the Home Office’s statutory guidance.

5.    The Committee’s decision on the review is to modify the conditions of the licence as follows:

(a)   the opening hours of the premises shall be 11.00-01.00 Monday-Sunday;

(b)  plays, live music, recorded music, late night refreshment and alcohol for consumption on/off the premises shall all cease by 00.00 Monday-Sunday;

(c)   no seasonal variations.

A further condition will be added to the licence as follows:

(d)  the PLH shall adopt and implement a policy for managing the dispersal of customers leaving the Premises by 16 December 2022.

6.    The Committee is also required to review the interim step of suspension.  The Committee’s decision is to lift the suspension and to impose, as interim steps, the modifications to the licence set out in paragraph 5 above.

7.    The Committee’s reasons are as follows:

(a)   The Committee viewed CCTV footage of an incident of disorder which took place around 4.19am on 30 October 2022.  The Committee considered that this was a serious incident and was concerned that the PLH had tried to minimise its seriousness.  According to the CAD report (which was based on an account given by the PLH’s own security staff) a person had been knocked unconscious during the course of a fight which – as the Committee saw for itself on the CCTV footage – involved a large number of people and spilled into the road.  The Committee noted that a bus passed very close by during the incident and considered that it was fortunate no one was killed and that there was only one serious injury. 

(b)  The Committee was also concerned that, as well as trying to minimise the seriousness of the incident, the PLH had effectively tried to place the blame on the Police whereas they have primary responsibility to promote the licensing objectives.  While the Committee acknowledges the importance of partnership working, at the end of the day the Premises needs to  ...  view the full decision text for item 3.

The Chair advised all parties that the hearing should be held in public.

RESOLVED that the press and public should not be excluded from the hearing for the following item of business:

4. Silks 177 – 181 Rushey Green Catford SE6 4BD

4.1 The Chair welcomed all parties to the Licensing Committee. She introduced those present, and outlined the procedure to be followed for the hearing. She then invited the Safer Communities Senior Officer to introduce the application.

Licensing Officer

4.2 The Licensing Officer advised that members were being asked to consider an application for a summary review of the premises licence for Silks 177 – 181 Rushey Green Catford SE6 4BD. He outlined the application and said that one representation had been received from interested parties in support of the Applicant.

Legal advisor

4.3 Mr Lewin outlined the options open to members of the Committee having considered all the evidence presented to them and when making their decision.

Applicant

4.4 The applicant’s Legal Representative, Mr O’Brien O’Reilly, was allowed 15 minutes to address the Committee. Mr O’Brien O’Reilly outlined the application history of the premises and the decisions made by the Committee, noting the violent incidents that had occurred on and within close proximity to the premises. Mr O’Brien O’Reilly noted consequent concerns with regard to the Designated Premises Supervisor’s (DPS) management of the premises, referencing the closed circuit television (CCTV) footage provided to the Committee. Mr O’Brien O’Reilly recommended that, based on the evidence submitted, the Committee revoke the premises licence.

4.5 At this point, Mr Dadds, Legal Representative for the respondent, informed the Committee that he had not received the Applicant’s witness statement. Members and Officers searched through their emails and confirmed they had received the Applicant’s witness statement and that it had also been sent to Mr Dadds. Mr Dadds located the witness statement and requested a brief adjournment to study its contents. The Chair agreed that Mr Dadds could take 10 minutes to review the Applicant’s witness statement.

4.6 The meeting was adjourned 7.43pm. The meeting was reconvened at 7.53pm. The reconvened meeting was confirmed as quorate.

4.7 Mr O’Brien O’Reilly was allowed to continue to address the Committee. He discussed the evidence submitted as outlined in his report, highlighting what

he saw as the management failings of the Designated Premises Supervisor (DPS), including the CCTV footage provided by the Applicant, the Respondent’s clients not calling the police to attend the incident, the allegation of a sexual assault on the premises, the Respondent’s clients downplaying the seriousness of the incident, their non-attendance at the meetings and the culmination of incidents.

4.8 Mr O’Brien O’Reilly advised it was the Committee’s responsibility to ensure that such incidents did not occur in the first instance to protect the public. As such the revocation of the premises licence was the appropriate course of action.

4.9 Councillor Kestner asked Mr O’Brien O’Reilly with regard to police support, how the police had engaged with the DPS to offer support.  ...  view the full minutes text for item 3.