Agenda, decisions and minutes

That the minutes of the meetings of the Licensing Committee, held on 27 February and 13 March and 14 March 2024 be consdiered at the next meeting.

RESOLVED that minutes of meetings of the Licensing Committee held on 27 February and 13 and 14 March 2024 be confirmed as accurate records.

None.

No interest was declared at the meeting.

1.    An application was received from Radioactive Clothing Ltd t/a Slammin Events (“Applicant”) for a variation of premises Licence, Pl1376, Beckenham Park Place, Beckenham Hill, Beckenham, BR3 5BS (“Premises Licence”).

2.    The application for variation received representations from a number of local residents.  The application did not receive representations from any of the Responsible Authorities.

3.    The Licensing Committee held a hearing on 26 March 2024 to consider the application. The Applicant was represented at the hearing and made submission in support of the Application. The Committee also heard submission from two local residents who were speaking on behalf of a number of local residents who had made written representations to the application.

4.    In making its decision the Committee has considered all of the papers contained in the report pack together with the submissions and evidence presented by the Applicant and local residents. The committee has also considered the Council’s own Statement of Licensing Policy and the Home Office’s Statutory Guidance.

5.    The Committee’s decision is to grant the application to vary the Premises Licence subject to amendments to conditions 54, 55 and 57 of the Premises Licence.

6.    The Committee considers that the variation application should be granted, subject to the amended conditions, for the following reasons:

a.    The Committee received no representations from the Responsible Authorities, including the Police and Environmental Health, that the premises had not been run in accordance with the conditions on the existing licence. There was no evidence before the Committee that any concerns from local residents had been raised with any of the Responsible Authorities in relation to the previous event held by the Applicant on 19 and 20 August 2023 before the variation application was submitted by the Applicant. In all of the circumstances the Committee considers that on the evidence the applicant has run the previous event, held on 19 and 20 August 2023, responsibly and notes at paragraph 1.5 of the Section 182 Guidance the general principle to support responsible premises;

b.    The concerns raised by the local residents relate to all four licensing objectives. However, other than assertions the Committee has not received sufficient evidence to suggest that the operation of events under the Premises Licence fails to uphold each of the four licensing objectives. In addition the Premises Licence already includes conditions that require the Premises Licence Holder to implement controls that promote each of the four licensing objectives that are directly relevant to the concerns raised by the local residents.

c.     The local residents made a number of representations relating to previous events hosted at Beckenham Park by previous licence holders which were not relevant to the variation application before the Committee and were not considered.  The only event hosted by the Premises Licence Holder and relevant to the Committee’s determination of the application was the event hosted on 19 and 20 August 2023;

d.    The Committee was satisfied on the evidence before it that the local residents had not been involved  ...  view the full decision text for item 3.

3.1     The Committee received the report presented by the Safer Communities Officer in relation to an application to vary a license for the premises at Beckenham Place Park, Beckenham Hill Road, London, BR3 5BS.

3.1.1   In considering the report, the Committee noted the Officer’s direction that it should be mindful to take the appropriate steps to promote the Council’s Licensing objectives after having regard to details outlined therein and representations that would be made during the meeting. 

3.1.2   The Committee also noted the following:

·       That the license application was submitted on 6 February 2024 by Radioactive Clothing Ltd T/A Slammin Events.

·       That the application was advertised in accordance with regulation 25 of the Licensing Act 2003 (Premises licences and club premises certificates) Regulations 2005. 

·       That the last day for representations following the public consultation was 5 March 2024, but that deadline was extended to 6 March 2024 because the Blue Notice was dated from 7 February 2024.

·       That representations were made by some residents in response to the public engagement exercise regarding the application.  Thus, in view of policy requirements, a committee hearing must be held to consider objections received which were not withdrawn at the close of the consultation deadline.

·       That no representation was received from the ‘Responsible Authorities’.

·       That the operational schedule, and the particulars of the variations were as follows:

o      To remove the following from our licence:  Weekend festival annually on consecutive weekends to PL1294 to be held between May and September.

o      To add a Friday to the event. Friday activities and hours to match a Saturday following this variation.

o      To extend finish times for the following activities as follows:

§   Live music, Recorded music, Performance of dance and anything of a similar description to that falling within (e), (f) or (g)

§   22:00 – 22:30 Friday & Saturday

§   21:30 – 22:00 Sunday 

o      To extend the sale of alcohol for consumption ON the premises as follows:

§   22:00 – 22:10 Friday & Saturday

§   21:30 – 21:40 Sunday 

o      To extend the closing time on the licence as follows:

§   22:00 – 23:00 Friday & Saturday

§   21:30 – 22:30 Sunday 

o      To add a further weekend to the licence - To allow two weekend events a year between May and September for up to 3 days over each weekend.

o      To change the existing licence layout and associated plan.

o      To provide a final detailed plan of the internal layout no later than 30 days prior to the events taking place to the licensing authority, responsible authorities and ESAG.

3.2     The Committee was also addressed by an official from Trumps and Lawrence Tuckets Solicitors who advised that he was representing the applicant.  The representative echoed statements made by the presenting Officer in relation to the proposed license variations.

3.2.1   The applicant’s representative expressed a view to the Committee that the reason why no objection was made by the ‘Responsible Authorities’ was because concerns raised during the consultation exercise were adequately addressed by the  ...  view the full minutes text for item 3.

This Item was WITHDRAWN.

This Item was WITHDRAWN.

Agreed

Agreed

1.    An application was received from the Metropolitan Police (“Applicants”) calling for a review of the Premises Licence at Pramukh  Convenience Store, 4107 D New Cross Road, New Cross, SE14 6LA (“Premises”) held by Rajendra Patel (“Respondent”) on the grounds of the prevention of crime and disorder.

2.    The Respondent was served with notice of the application for review by postal service and by hand delivery. The Respondent did not make any written submission to the Application nor did they attend to make representations at the hearing before the Licensing committee.

3.    The Application received written representations from the Licensing Authority.

4.    The Licensing Committee held a hearing on 26 March 2024 to consider the application. The Applicant was represented at the hearing and made submission in support of the Application.  The Licensing Authority also attended and made submissions in the support of the Application.

5.    In making its decision the Committee has considered all of the papers contained in the report pack together with the submissions and evidence presented by the Applicant and Licensing Authority. The committee has also considered the Council’s own Statement of Licensing Policy and the Home Office’s Statutory Guidance.

6.    The Committee’s decision is to revoke the Premises Licence (PL0180). It’s reasons are as follows:

a.    The Committee heard evidence from both the Police and Licensing Authority that the Premises Licence Holder failed to prevent crime and disorder on the Premises.  A joint visit to the Premises, by the Police and Licensing Authority, on 18 January 2024,  discovered a substantial proportion of the alcohol on sale was the property of other stores including Marks and Spencer, Sainsbury, Aldi, Lidl and Co-Op.  There were 50 bottles of wine belonging to other stores on display for sale at the Premises. A search of the Premises also found other items belonging to other stores.

b.    The Committee also heard evidence that the only person on duty at the time of the inspection on 18 January 2024, a  male, was arrested on charges of handling stolen goods and was bailed pending further enquiries. Following his arrest he was found to have £15,000 in cash on his person. The Committee also heard evidence from the Police that the male had also been charged and remanded in custody in connection with serious sexual assault charges. In addition, the male was also arrested and bailed in connection with immigration offences.

c.    As part of this Application process the Premises Licence Holder, Rajendra Patel (LEW 0446) has not engaged with this Application. The Committee heard submissions from the Police that very recent contact with the Premises Licence Holder confirmed that the Premises had been sold in 2019 but no application has been made to the Licensing Authority for the transfer of the Premises Licence or Designated Premises Supervisor.  The Premises were locked up by the Police and the keys remain in police custody with no person requesting that the keys be collected.

d.    The Committee is satisfied that there was  ...  view the full decision text for item 6.