Agenda, decisions and minutes

RESOLVED that the minutes of the meetings of the Licensing Committee held on 26 July and 8 August 2023 be confirmed and signed.

None.

Rubys 104-106 Rushey Green, London, SE6 4HW

Lewisham LBC, Licensing Committee

6 September 2023

DECISION NOTICE

1.    Rubys Events Ltd (“the Applicant”) has applied for a premises licence for Ruby’s 104-106 Rushey Green, London, SE6 4HW (“the Premises”).  The application seeks authorisation for the sale by retail of alcohol on the premises 7 days per week between 11:00 and 04:30 Provision of Live music, Recorded music and Dance (indoor) between 11:00 and 04:30, and for late night refreshment between 23:00 and 05:00.

2.    Relevant representations were received from three Responsible Authorities; The Police, London Fire Brigade and the Licensing Authority. The Licensing Committee held a hearing on 6 September 2023 to consider the application.

3.    The agent for the applicant said that the application contained a list of measures that were comprehensive and robust and would be conditions on the licence if granted. It had been noted that the fire brigade had concerns about the fire exits, so an additional stairway would be fitted in order to meet fire service requirement. In addition, a fire risk assessment would be submitted to the fire service prior to licensable activity taking place.

4.    Lewisham Licensing Policy referred to preferred licensing hours, but the agent reminded members that they could agree to later opening hours. However, the applicant did not agree with some of the conditions recommended by the licensing authority. It was considered unreasonable, for example that 12 door supervisors must be employed when the premises was open.

5.    The agent said that the concerns expressed regarding crime and disorder in the area was the responsibility of the Police not the applicant. Residents had not objected to the application.

6.    The Police referred to the Statement of Licensing Policy which expects the application to demonstrate, in the operating schedule, how to promote the four licensing objectives before submitting an application. As a matter of principle, fire assessment work should be done before granting the licence. There was no evidence in the application of an operating plan or any consultation in advance with responsible authorities.

7.    The capacity of the premises was given on the spot to police without prior consideration, and concern was expressed about whether the building would be safe with the proposed 500 patrons on the roof terrace.

8.    The Police considered the overheads to be huge and believed that the premises would need to be run at capacity if the business was to be viable. The applicant did not know if he would be able to run a viable business. Police were concerned that the impact on residents had not been considered, particularly if Uber vehicles had to queue in residential areas for patrons leaving in the early hours of the morning.

9.    The Fire Service had concerns about the capacity of the premises and the number and width of fire exits.

10. The Local Authority considered all the proposed conditions to be necessary for the promotion of the licensing objectives. 12 SIA staff would be required  ...  view the full decision text for item 7.

3.1      The Chair welcomed all parties to the Licensing Committee. and outlined the procedure to be followed for the meeting. She said that Mr Fender had asked for longer than the allocated time of 5 minutes to present the application. because he did not believe it was adequate time to present all the evidence. He appreciated that members had seen all the paperwork. However, members agreed not to extend the time for presentations. This was not usual practice, they had read all the documents and wanted time to ask questions. The Chair then introduced those present and invited the Senior Licensing Officer to introduce the application.

            Introduction

3.2     Mr Obazee said that members were being asked to consider a premises licence application for Rubys - 104-106 Rushey Green, London, SE6 4HW. The application was received on 20 July 2023 and the last day for receiving objections was 17 August 2023. Three representations were received during the consultation period from the Police, Fire Service, and the local authority. The objections were on the grounds of the Prevention of crime and disorder, public safety, prevention of public nuisance and protection of children from harm.

3.3      The representations were not considered to be vexatious or frivolous. and were received within the specified time. The licensing authority had offered a set of conditions that they believed would uphold the licensing objectives if the licence was granted.

3.4      Mr Obazee reminded members of the steps available to them when making their decision, having considered all representations and evidence heard during the hearing.

            Applicant  

3.5      Mr Fender said that he was speaking on behalf of Ruby Events Ltd and the sole director Mr Lusadisu who was an experienced operator of licenced premises. He had operated premises in Luton and Enfield, both with licences until 5am.

3.6      The premises was a large commercial building. The intention was that the ground floor would be used as a restaurant with a club room behind. The first floor would be a large function room capable of being divided up into smaller function rooms if required. The roof top would provide a roof top facility.

3.7      Mr Fender said that there was a list of measures on pages 33-35 in the agenda which would become conditions on the licence if granted. He stressed that these conditions were comprehensive and robust and necessary for activities at the times as set out in the application.

3.8      Mr Fender said that it was unusual for the fire service to object to an application because they had other legislation, they could use to ensure fire safety. It was a legal requirement for all premises to have a fire risk assessment and if the fire service had any concerns about fire safety, they could serve notices to close the premises until the deficiencies were remedied.

3.9      Mr Fender said that the applicant had noted the comments made by the fire service in relation to capacity and fire exits and when the premises was refitted, if  ...  view the full minutes text for item 7.