Agenda, decisions and minutes

RESOLVED that the minutes of the meeting of Licensing Committee held on 23 April and 8 May 2024 be confirmed and signed.

RESOLVED that the minutes of the meeting of Licensing Committee held on 23 April and 8 May 2024 be confirmed and signed.

Councillors Atkinson and Walker declared that they were Deptford Ward members.

Councillors Atkinson and Walker declared that they were Deptford Ward members.

DECISION NOTICE

1.    The Lord Palmerston. 31 Arklow Road, Deptford, SE8 5FEhas applied for the grant of a new Premiss Licence (“the Premises”).

2.    The application was for the grant of a premises licence to allow for the retail sale of alcohol off the Premises Mondays to Sundays from: 06:00 to 00:00 hours.

3.    Relevant representations were received from two local resident on the grounds that granting the application would not uphold the licensing objectives concerned with public nuisance and crime and disorder.  The Police representations were withdrawn before the hearing following discussions with the Applicant who agreed to accept additional conditions on the licence.

4.    The Licensing Committee held a hearing on 11 July 2024  to consider the application.  A solicitor spoke on behalf of the Applicant.  One of the residents who made written representations attended the meeting and addressed the Committee.

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 all parties at the hearing.  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 grant the application subject to the conditions agreed with the Police.  Its reasons are as follows:

a.    The Committee noted that the Applicant had agreed the conditions with the Police and this supported the promotion of the licensing objectives.

b.    The Council did consider a reduction in the hours the Premises would be permitted to sale alcohol however they determined that the additional conditions agreed by the applicant did address the concerns of the two residents who had made representations. They also took into account guidance issued by the Government, which encourages Licensing Committees to allow supermarkets and shops to be permitted to sell alcohol in line with a stores trading hours.

7.    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 the decision.

17 July 2024

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 Mullin said that this hearing was being held to determine a new premises licence application made by Mr Mathusan. The application was received and processed on 17 May 2024 and served as per requirements. The last date for receiving representations was 17 June 2024 and during this consultation period, two representations were received from members of the public. Suggested conditions and reduction in hours for the sale of alcohol were agreed and therefore no objections were received from the Police or Licensing Authority.

3.3      An hour before the meeting, Ms Mullin was contacted by the agent, acting on behalf of the applicant, stating that they had agreed with the Police that conditions 11 and 13 should be removed from the conditions agreed by the Police. Just before the meeting starting, Ms Mullin received an email from the Police confirming that this was correct. The hours, as applied for in the application ie 6am-midnight, had not been reduced and the agreed conditions excluded conditions 11 and 13. 

3.4       Ms Mullin said that members must take the necessary action to uphold the licensing objectives and then outlined the options available to members when making their decision.

 Applicant

3.5      The agent spoke on behalf of the applicant. He said that historically this premises had been a pub. Within 100 metres there was a railway line. Trains run until 12.30am so noise already existed in the area.

3.6      The applicant had contacted the Police with regard to this application. A number of conditions had been agreed to promote the licensing objectives. Two objections had been agreed from members of the public; he read out one objection from an objector living above the premises. The building had recently been refurbished and the windows were replaced with noise resistant frames. However, the resident was concerned about the proposed opening hours of the premises and the public nuisance that would be caused by the additional noise and increased activity below their home late at night and early hours of the morning.

3.7      The agent said that the premises was currently a local supermarket and catered for the needs of local residents returning home from work late in the evening. The premises itself would not create any noise; music would not be played. Deliveries would only be made between 8am and 4pm and the applicant would be willing to have this as an extra condition. Conditions 8 and 9 specifically addressed residents’ concerns about noise nuisance. The applicant was, therefore, upholding the licensing objective of noise nuisance.

3.8      The lack of bins and concern about rubbish was raised by the resident. Management would manage the rubbish at the back of the premises and would operate responsibly.

3.9      The second objector referred to historic crimes and nuisance that had  ...  view the full minutes text for item 3.