Agenda, decisions and minutes

The Minutes of the meetings on 6 September 2023 and 26 September 2023 were agreed.

The Minutes of the meetings on 6 September 2023 and 26 September 2023 were agreed.

None.

Maestro - 44 - 45 Deptford Broadway SE8 4PH

Lewisham LBC, Licensing Committee

Application for variation of premises licence

31 October 2023

DECISION NOTICE

1.      Louis Armand Tchanagoum Tchatchouang (“the Applicant”) has submitted an application for a variation to the premises licence for Maestro - 44 - 45 Deptford Broadway SE8 4PH (“the Premises”).

2.      The application seeks authorisation for the following licensable activities:

·         Amendment to Annex 3 Conditions

·         Vary Hours for Live Music, Recorded Music & Alcohol sales ON the premises.

·         To add Alcohol for the consumption OFF the premises to match current alcohol for the consumption ON the premises hours and proposed extended hours.

·         To change the licence opening hours to 30 minutes after the last licensable activity

Remove Annex 3 conditions:

2.         There will be no live music or the playing of recorded music between the hours of 23:00 and 07:59.

6.         Two SIA registered door staff, one of whom ought to be female (if labour is available) and must be independent of and in addition to the Maestro staff working that day, to be on duty while the premises is open to the public between 21:00 till close and until all customers have left the premises and vicinity.

7.         A ‘no search, no entry’ policy will also operate at these times. All persons entering and re-entering the premises will be searched. If they refuse, they will not be able to enter the premises.

8.         At the commencement of work, security personnel must ensure that they are recorded on the CCTV system and that a clear head and shoulders image showing their face clear of any hat, glasses or other obstruction is recorded.

9.         A register of security personnel employed on the premises shall be maintained in a legible format and made available to Police or local authority officers on request. The register should be completed by the DPS/Duty Manager at the commencement of work by each member of security staff and details recorded should include:

Full name

Badge number

Time of commencement of duties

Security operative to sign their name against their details

To add the following:

Live Music (Indoors)

23:00 – 01:00 Friday – Sunday

Recorded Music (Indoors)

23:00 – 01:00 Monday - Thursday

23:00 – 03:00 Friday & Saturday

23:00 – 02:00 Sunday

Late night Refreshment

00:00 – 01:00 Monday - Thursday

00:00 – 03:00 Friday & Saturday

00:00 – 02:00 Sunday

Alcohol for consumption ON & Off the premises

23:30 – 01:00 Monday - Thursday

01:30 – 03:00 Friday & Saturday

23:30 – 02:00 Sunday

3.      There were three representations in response to the application from local residents, in addition there was one representation from a Responsible Authority all received before the deadline.

4.      The Licensing Committee held a hearing on 31 October 2023 to consider the representations, all of which related to the licensing objective; prevention of public nuisance.

The Licensing Authority

5.      The Licensing Authority introduced Application, they explained that there were objections from three local residents and one from the Licensing Authority as a Responsible  ...  view the full decision text for item 7.

Catford Food Centre, 91 Rushey Green, Catford, London, SE6 4AF

Lewisham LBC, Licensing Committee

Application for variation of premises licence

31 October 2023

DECISION NOTICE

1.    FK Food Centre Ltd (“the Applicant”) has applied for a variation to its existing premises licence for Catford Food Centre, 91 Rushey Green, Catford, London, SE6 4AF (“the Premises”).

2.    The application proposes to remove the condition on the current licence at Annex 3, number 1, which states;

'Mr Hassan Sircan is not to be allowed in the premises whilst it is open for licensable activities and during all times when customers remain on the premises'

And to replace this condition with:

'Mr Hassan Sircan will be excluded from any involvement in the ownership and/or

management of the business but he is permitted to be employed on the premises'

3.    Relevant representations were received from two Responsible Authorities; The Police and the Licensing Authority on the grounds of Prevention of Crime and Disorder and Public Safety. The Licensing Committee held a hearing 31 October 2023 to consider the application.

The agent for the applicant

4.    The Applicants representative brought to the Committee’s attention the most recent statutory guidance published as per section 182 of Licensing Act 2003, drawing particular attention to paragraph 2.5;

5.    “Conditions relating to the management competency of designated premises supervisors should not normally be attached to premises licences. It will normally be the responsibility of the premises licence holder as an employer, and not the licensing authority, to ensure that the managers appointed at the premises are competent and appropriately trained. The designated premises supervisor is the key person who will usually be responsible for the day to day management of the premises by the premises licence holder, including the prevention of disorder. A condition of this kind may only be justified as appropriate in rare circumstances where it can be demonstrated that, in the circumstances associated with particular premises, poor management competency could give rise to issues of crime and disorder and public safety.”

6.    In raising the above, the Applicant was drawing the distinction that the Application seeks to modify a condition that the guidance says ought to be the responsibility for the Premises Licence Holder and not that of the Licensing Authority.

7.    The committee should consider that in determining the application that the condition offered would mean that Mr Sircan would never be left alone in the Premises unsupervised and thus there be no negative impact on upholding the Licensing Objectives.

8.    It was accepted that Mr Sircan was previously involved in the employment of illegal workers and subject to a fixed penalty notice as a result. It was submitted that the incident referred to dated back to 4 years ago, and that under the Rehabilitation of Offenders Act 1974 (“the ROA”), such a disposal would only be held against or have an adverse impact on Mr Sircan for one year.

9.    It was submitted that Mr Sircan is not applying to become the Premises  ...  view the full decision text for item 8.