Agenda, decisions and minutes

RESOLVED that the minutes of the meeting held on 22 June 2023 and 6 July be confirmed and signed.

None.

Elena's Pizza 330 Lee High Road SE13 5PJ

Lewisham LBC, Licensing Committee

Application for variation of premises licence

DECISION NOTICE

1.    Erol Boyaci (“the Applicant”) has submitted an application for a new premises licence for Elena’s Pizza 330 Lee High Road SE13 5PJ. (“the Premises”).

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

Late Night Refreshment

23:00 – 01:00 – Monday - Saturday

3.Two representations have been received from local residents on the grounds of the prevention of public nuisance, the prevention of crime and disorder, protection of children from harm as well as public safety.

4.  The Licensing Committee held a hearing on 26 July 2023 to consider the representations, which related to three of the licensing objectives.

5.  The Applicant set out the basis of the application. She explained that Elena’s Pizza would be a family run business. When open, it would improve the local area. It was not their intention to attract patrons who wanted to loiter. Food would be delivered via Uber drivers and Deliveroo. These drivers tended to wait for orders around McDonalds so did not expect them to be parked up outside the premises.

6.  Objectors did not attend the meeting, but their written submissions related to playing regulated music until 3am and loitering in front of the premises.

7.   In making its decision, the Committee has taken into account all of the papers in the reports pack and the evidence presented by the applicant at the hearing.  It has also taken into account the Council’s Statement of Licensing Policy and the Home Office’s statutory guidance.

8.  The Committee’s decision is to grant the application.  Its reasons are as follows:

              i.        The Committee considered the Objectors representations, but this was weighed up with the fact that the applicant had cut back the hours of trading until 1am and there would only be background music for staff preparing food. It would not be played to the public.

            ii.        The Committee were of the view that no Responsible Authority had raised an objection and they ought to be guided by them and the evidence.

           iii.        A detailed list of conditions had been agreed by the applicant before the meeting.

           iv.        Insufficient evidence provided by the Objectors that would undermine the Licensing Objectives.

9.        There is a right of appeal against this decision.  Any appeal should be made to the magistrates’ court within 21 days beginning with the day on which the appellant was notified of this decision.

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    Ms Rhodes said that this hearing was being held to determine a premises licence application made by Eneja Dautaj in relation to Elena's Pizza 330 Lee High Road SE13 5PJ. She outlined the application.                                                                                                  

3.3      The application for the premises licence had been advertised in accordance with regulations. The last date for receiving representations was the 4 July 2023. During the 28-day consultation period, two objections had been received from members of the public. One further objection had been withdrawn by a member of the public. The representations had been received within the specified consultation period and were not considered vexatious or frivolous.

3.4      Ms Rhodes then outlined the steps available to members, when making their decision, to promote the four licensing objectives.

Applicant  

3.5      Ms Braho confirmed that the name of the business was Elena’s Pizza. She said that they wanted to open a pizza shop mainly for takeaway. It was hoped that they would partner with Deliveroo and Uber Eats to deliver the pizzas.

3.6      The business would be family friendly; they would not attract patrons who would cause nuisance and litter the area because the area would be kept clean, particularly from vermin, which was important when serving food.

3.7      Ms Braho said that there would not be any noise from the premises, because there would only be background music from a radio for members of staff whilst preparing food. She expected the area to improve when the shop was open and good patrons attracted. Staff would be recruited from the local area.

3.8      Ms Rhodes said that following discussions with the applicant, hours of trading had reduced from 3am to 1am and regulated entertainment had been removed. The applicant had misunderstood the meaning of regulated entertainment, and officers confirmed that this was not required.

3.9      Following this explanation from Ms Rhodes, Councillor Shrivastava asked the applicant whether the application for a premises licence had been straight forward or whether the system could be improved. Ms Braho said that applying for a licence had been straight forward, but both she and her husband had misunderstood the need for a licence for regulated entertainment. They did not intend to play loud music or cause any problems for the neighbours. She noted that the objections related to a 3am closure; their application had reduced the hours to1am. They intended to offer a service to customers who wanted to purchase food late at night.

3.10    Councillor Hayes was pleased that the applicant intended to recruit staff from the local area. He said that residents had expressed concern about loitering outside the premises. It had been noted that the applicant intended to hire Deliveroo and Uber drivers but they were usually idle outside premises and there could be up to 10 Uber drivers.  ...  view the full minutes text for item 3.

Budgens Ground and First Floor 1 Williamson House, 47 Pomeroy Street London SE14 5GA

 Lewisham LBC, Licensing Committee

Application for variation of premises licence

DECISION NOTICE

1.    Break Point Limited (“the Applicant”) has submitted an application for the grant of a new licence  in respect of Budgens Ground and First Floor 1 Williamson House, 47 Pomeroy Street London SE14 5GA. (“the Premises”).

2. The Applicant seeks authorisation for the following licensable activities and for the following time periods:

Supply of Alcohol for consumption OFF the premises

07:00 – 23:00 Monday

07:00 – 23:00 Tuesday

07:00 – 23:00 Wednesday

07:00 – 23:00 Thursday

07:00 – 23:00 Friday

07:00 – 23:00 Saturday

07:00 – 23:00 Sunday

Seasonal Variation:

Christmas Eve from 07:00 until 00:30

New Year’s Eve from 07:00 until 01:30

3. There were no objections from the relevant authorities. One representation was received from a local resident on the grounds of the prevention public nuisance.

4.  The Licensing Committee held a hearing on 26 July 2023 to consider the representation. The Committee heard from the Applicant, and from one member of the public who had made a written representation objecting to the application. He raised concerns engaging the licensing objective which related to the prevention of public nuisance. He asked for the business to close at 10pm instead of 11pm because it would cause disturbance and nuisance for all residents on Pomeroy Street.

5.  After careful consideration of all the evidence and submissions, the Committee decided to grant the application as applied for.

Reasons:

In making its decision, the Committee has taken into account all of the papers in the reports pack and the evidence and submissions presented. In particular, the Committee has had regard to the need to promote the four licensing objectives, the Licensing Authority’s Statement of Licensing Policy 2020-26 and to the Home Office’s statutory guidance.

·         The business was a family run business trading since 2004 with a portfolio of 5 convenience stores throughout central London. They also own and trade two pharmacies and employed 41 people in total. It was expected that 10 extra positions would be available for the local community if the application was granted.

·         The applicant is an extremely responsible operator and met his regulatory obligations. The existing businesses traded at similar times to the one proposed in Pomerory Street. There had not been any complaints of noise at any of these premises.

·         Extra conditions, suggested by the licensing authority, had been accepted by the applicant. All staff would be trained to uphold the Licensing Objectives and in complying with the conditions on the licence. There were other businesses within a half mile radius that traded until 11pm.

·         The objector said that the premises should close at 10pm because it was next to a park and a school. He did not want people to be attracted to this business to buy alcohol and sit in the park. This park had been closed for 5 years but he expected it to re-open.

6.   The  ...  view the full decision text for item 4.

4.1      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

4.2    Mr Obazee said that this hearing was being held to determine a premises licence application made by Beakpoint Ltd for Budgens.Ground and First Floor 1 Williamson House, 47 Pomeroy Street SE14 5GA. He outlined the application. 

4.3      The application for the premises licence had been advertised in accordance with regulations. During the 28-day consultation period, the licensing authority received one objection, from a member of the public. The representation was received within the specified consultation period and was not considered vexatious or frivolous. Representations had not been received from any responsible authorities and conditions had been agreed by the Police, Licensing Authority and the applicant.

4.4      Mr Obazee then outlined the steps available to members, when making their decision, to promote the four licensing objectives.

            Application

4.5      Mr Packard addressed the Committee. He said that Breakpoint Ltd was a family run business trading since 2004. They had a portfolio of 5 convenience stores in Central London and one in Dulwich. The applicant’s son was a pharmacist and managed two shops in Hertfordshire. The company employed 41 staff. If this application was granted, a further 10 people would be employed from the local community.

4.6      The applicant was a responsible operator and met his regulatory obligations. The applicant had worked with Post Office Counters Ltd and now Budgens. He understood the importance of brand protection and being compliant with its regulatory obligations. Mr Packard outlined the trading hours of the businesses, which included a 24 hour licence, and advised members that there had not be any noise or public nuisance at any of these premises.

4.7      Mr Packard said that the proposed business would be a mini supermarket trading under the Budgen national brand selling fresh and ambient goods along with alcohol and tobacco. All staff would be trained in upholding the licensing objectives.

4.8      There had been one objection regarding opening hours, not the sale of alcohol. The objector wanted the shop to close at 10pm not 11pm, but this would affect the sale of alcohol. It would also affect staff because the whole shop would have to close at 10pm. There were a number of businesses in the area that traded until 11pm which would suggest that potential noise and nuisance was managed through the conditions on the licence. He named several businesses within close proximity of the premises with late night licences; one closed at 1am.

            Summary

4.9      In conclusion, Mr Packard said that the applicant ran a family business, he had extensive experience, recognised his responsibility to local residents and upheld the four licensing objectives.

            Objection

4.10    Mr Burrow said that he lived on Pomeroy Street., 47 Pomerory Street was an empty unit and he was pleased that it would be occupied. His concern was related to  ...  view the full minutes text for item 4.