Agenda, decisions and minutes

RESOLVED that the minutes of the meeting of the Licensing Committee held on 10 January 2023 be confirmed and signed.

None.

Safika Organic Health Centre, The Parade, 12a Upper Brockley Road, London, SE4 1SX

Lewisham LBC, Licensing Committee

Temporary event notice: 5-7 May 2023

DECISION NOTICE

1.    Stanford Brown (“the Applicant”) has submitted a Temporary Event Notice (“TEN”) seeking authorisation for playing recorded music between 1000 and 0000 on Friday 5, Saturday 6 and Sunday 7 May 2023 at and on the street outside Safika Organic Health Centre, The Parade, 12a Upper Brockley Road, London, SE4 1SX (“the Premises”).

2.    The Metropolitan Police have objected to the TEN on the grounds of preventing crime and disorder and public safety.

3.    On 22 March 2023, the Licensing Committee held a hearing to consider that objection and to decide whether or not to give a “counter notice” under section 105 of the Licensing Act 2003.  In other words: the Licensing Committee has to decide whether the proposed event should be allowed to go ahead.

4.    The Committee’s decision is to not serve a counter notice, meaning that the proposed event can go ahead.  The reasons for the Committee’s decision are set out below.  In coming to its decision, the Committee has considered all of the papers in the reports pack and the evidence presented and submissions made by both the Applicant and the police at the hearing.

·         The Committee heard from the Applicant that he intends to place no more than three tables on the pavement outside his shop in order to promote the health products he sells.  The police confirmed that, if this was the extent of the activity outside of the Premises, they would have no objection to the TEN.

·         The TEN did not specify the capacity for the event.  However, the Applicant explained that he could not be sure how many people would attend but that he would be very surprised if more than 50 people came.  Again, the police confirmed that, if this was the case, they would have no objection.  Based on the evidence it heard, and its knowledge of the local area, the Committee considered it very unlikely that large numbers of people would attend this event.

·         The Committee gave no weight to the crime reports mentioned in the police objection.  As the police confirmed, none of these incidents related to the Premises or the Applicant.  Nor was it relevant that other licensed premises nearby had experienced problems; the Committee had to consider this application on its own merits.  Additionally, the Council’s Safer Communities Officer had confirmed there was no record on file of a noise abatement notice or other enforcement action having been taken against the Premises and noted that there had been no objection from the Environmental Health team.

·         The Committee also noted that the Applicant was not familiar with the licensing process, did not have access to the internet and did not appear to have anyone to assist him in submitting the TEN.  In order to make sure that the rights available under the Licensing Act 2003 are available to all members of the  ...  view the full decision text for item 12.

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 Safer Communities Officer to introduce the application.

            Introduction

3.2     Mr Obazee said that members were being asked to consider an objection to a Temporary Event Notice (TEN) between 5-7 May 2023, on the street outside The Parade 12A Upper Brockley Road SE4 1SX. The objection was received from the Metropolitan Police on the grounds that by granting this application, there would be increased crime and disorder and public safety would be at risk.

3.3      Mr Obazee then outlined the options available to members under the licensing objectives, when making their decision.

            Applicant  

3.4      Mr Brown said that he had submitted the TEN because he was told that we live in a democracy, everyone was treated equally and he would have to follow protocol if he wanted a TEN. He said that he was struggling to make a profit during these difficult financial times. There would not be a street party, or any major event, he wanted to put tables up outside his shop to promote the goods he wanted to sell during the 3 public holidays. He said it was frustrating and unjust that anyone could deny him the opportunity to celebrate this public holiday.

3.5      Mr Brown was the proprietor of a health shop and he did not intend to sell alcohol. However, he could not be responsible for people who wanted to drink alcohol in the area. The local area consisted of people from all different backgrounds and everyone deserved an equal opportunity to promote themselves. He did not understand where allegations of street parties had come from; he only expected 10 – 20 people to attend. If the area did not have a good name, this stigma had existed before he became the proprietor of his shop. The 3 shops in the parade wanted to promote their culture and he believed that the Police had a problem with this. He believed that there would be many other events held in the neighbourhood and they would not ask the Police for a licence.

3.6      The Chair asked Mr Brown how he would manage a situation where people gathered outside his shop; they had been drinking and it turned into a party. There were too many people in the area and it could cause a disturbance. Mr Brown said that he could not envisage any situation where their would be disruption, he expected everyone to enjoy themselves. If the situation did get out of hand it would be a matter for the Police.

3.7      Councillor Jackson asked Mr Brown to confirm where the tables would be. Mr Brown said that his shop was located in the corner of the parade and an area in front of a garage on the pavement would be used for the tables as well as the pavement in front of his shop. He expected to  ...  view the full minutes text for item 12.