Agenda, decisions and minutes

Agreed.

RESOLVED that the minutes of the Licensing Committee held on 11 July 2024 be confirmed and signed.

None.

None.

DECISION NOTICE

1.    The Wellington Pub Company PLC (“the Applicant”) applied for the grant of a new Premises Licence for the Flower of Kent, 135 Lewisham Way, SE14 6QP (“the Premises”).

2.    The application was for the grant of a premises licence to allow for: the retail sale of alcohol on and off the Premises Mondays to Wednesdays from: 10:00 – 23;00 hours, Thursdays 10:00 – 23:3 hours, Fridays and Saturdays 10:00 – 02:00 hours and Sundays 12:00 -  23:30 hours; and for the playing of recorded music from 23:00 – 23:30 hours on Thursdays and from 23:00 – 02:00 hours on Fridays and Saturdays.  The application also requested seasonal variations to the permitted hours for the retail sale of alcohol on and off the Premises and the playing of recorded music until 02:00 hours on any day preceding a Bank holiday. However, it had not been advertised on the blue notice or Newspaper advert and was removed from the application.

3.    The Applicant offered several conditions as part of their application.  The Licensing Authority as a Responsible Authority made representations to the application and as a result of discussion with the Applicant the representation was withdrawn following agreement to the following amendments to the application:

Additional Conditions:

·            The outdoor space at the rear of the premises is to be closed for licensable activities and to all patrons at 21:30 hours, except for smoking.

·         From 21:30 hours only 4 people are allowed in the rear outdoor space to smoke at any one time, and 5 people are allowed in the front of the premises to smoke at any one time.

·         No noise generated on the premises, or by its associated plant or equipment shall emanate from the premises nor shall vibration be transmitted through the structure of the premises that gives rise to a nuisance.

·         Loudspeakers shall not be located in the outdoor space of the premises.

Amended Conditions

The conditions offered by the Applicant, as set out in Part M of the submitted application form be amended as follows:

14 The premises must join a council-recognized local Pub Watch within 14 days of reopening to the public.

15. Anti-crime notices must be visibly displayed within the premises in areas used by both patrons and staff, e.g. anti-drug notices.

            The conditions are set out at pages 33-35 of the agenda pack.

The applicant also agreed to reduce the hours for alcohol sales on Fridays and Saturdays from 1000 to 0200 to 1000 to 2330 with the premises closing 30 minutes thereafter (at midnight), to delete the non-standard timing on days preceding a bank holiday and amend the hours for recorded music on Fridays and Saturdays so that these finish at 2330 - the same time as alcohol sales.

4.    The application also received representations from eleven residents on the grounds that the Application failed to promote the licensing objectives to prevent public nuisance, prevent crime and disorder, protection of children from harm and public safety.

5.  ...  view the full decision text for item 3.

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 Services Officer for Licensing to introduce the application.

            Introduction

3.2     The Safer Communities Officer said this hearing was to determine the granting of a premises licence application made by Wellington Pub Company Ltd in relation to the premises at Flower of Kent 135 Lewisham Way, London, SE14 6QP. The applicant had agreed conditions which were outlined in pages 39-41 of the agenda. The application was received on 5 June 2024 and processed on 6 June. The application had been advertised in accordance with regulations. The last date for receiving representations was 3 July 2024.

3.3      During the representation period, the Licensing Authority received twelve representations from members of the public. A representation submitted by the Licensing Authority was withdrawn when the applicant agreed conditions. Representations were not received from any other responsible authority. A representation in support of the applicant was received from a resident.  

3.4      The Safer Communities Officer said that the applicant had read through residents’ objections and understood their concerns. On Friday 9 August 2024, the applicant agreed to reduce the hours for alcohol sales on Fridays and Saturdays from 1000 to 0200 to 1000 to 2330 with the premises closing 30 minutes thereafter (at midnight), to delete the non-standard timing on days preceding a bank holiday and amend the hours for recorded music on Fridays and Saturdays so that these finish at 2330 - the same time as alcohol sales. The seasonal variation was removed as part of the application because it hadnot beenadvertised on the blue notice or Newspaper advert. These conditions were sent to all objectors. One objector withdrew their representation subject to these amendments.

 3.5     The Safer Communities Officer then outlined the options open to members when making their decision.

Applicant  

3.6      Mr Richard Taylor made a presentation on behalf of the applicant. He said that this application was to regain their previous premises licence. The premises was a friendly local pub used predominantly by the West Indian community. The premises licence had been surrendered by the previous tenant. The applicant, Wellington Pub Company owned the freehold. The premises were the subject of a lease; the tenant held the premises licence and when the owner tried to retrieve the premises, the licence was surrendered. It was only when the owners tried to transfer the licence to themselves that they discovered what had happened.

3.7      If the Wellington Pub Company had submitted a transfer application within 28 days of the surrender, this application would not be necessary. The licence had not lapsed due to any complaints or review. It was lost due to a failure because the correct paperwork had not been submitted within the statutory timescale. The new licence application had been made to mirror as closely as possible the licence that had lapsed. 

3.8      There had been some issues,  ...  view the full minutes text for item 3.