Agenda, decisions and draft minutes

Agreed.

RESOLVED that the minutes of the Licensing Committee held on 29 August 2024 be confirmed and signed.

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None.

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1.      Admitat Limited (“the Applicant”) applied for the grant of a new Premises Licence for Savalan Kebabs, 289 Sydenham Road, London, SE26 5EW (“the Premises”).

2.      The application was for the grant of a premises licence to allow for the provision of late-night refreshments Mondays – Saturdays from 23:00 hours – 02:00 hours and on Sundays from 23:00 hours – 01:00 hours.

3.      The Applicant offered several conditions as part of their application. The Licensing Authority, as a Responsible Authority, made representations to the application and because of discussion with the Applicant the representations were withdrawn following agreement to the addition of the following conditions on the Premises Licence:

Additional Conditions:

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

8.               Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.

9.               No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between (23.00) hours and (08.00) hours on the following day.

Conditions offered in Part M of the Applicant’s application:

1.           The premises shall install and maintain a comprehensive CCTV system. All entry and exit points will be covered enabling frontal identification of every person entering in any light condition. The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises. All recordings shall be stored for a minimum period of 31 days with date and time stamping. Recordings shall be made available immediately upon the request of Police or authorized officer throughout the preceding 31-day period. The CCTV system should be updated and maintained according to police recommendations.

2.         A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times when the premises are open to the public. This staff member must be able to show a Police or authorised council officer recent data or footage with the absolute minimum of delay when requested.

3.         The premises shall prominently display signage at all entrances informing customers: - (CCTV is in operation throughout this premises and is made available to the police.)

4.         In the event that a serious assault is committed on the premises (or appears to have been committed) the management will immediately ensure that:

(a) The police (and, where appropriate, the London Ambulance Service) are called without delay;

(b) All measures that are reasonably practicable are taken to apprehend any suspects pending the arrival of the police;

(c) The crime scene is preserved so as to enable a full forensic investigation to be carried out by the police; and

(d) Such other measures are taken (as appropriate) to fully protect the safety of all persons present on the premises.  ...  view the full decision text for item 3.

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 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 Admitat Ltd in relation to the premises at Savalan Kebab, 289 Sydenham Road. SE26 5EW. The application was received on 25 July 2024 and processed on 25 July 2024. The application had been advertised in accordance with regulations.

3.3      During the representation period, the Licensing Authority received two representations. One from a member of the public the other from a local councillor. A representation submitted by the Licensing Authority was withdrawn when the applicant agreed conditions. Representations were not received from any other responsible authority.

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

Applicant  

3.5      Mr Elford addressed the committee on behalf of the applicant who was unable to attend the meeting because he had to work at the premises. He said that he had submitted a written submission. Members confirmed that they had received and read this submission.

3.6      Mr Elford said that this was a small business. The application was for a premises licence for a Turkish takeaway. There was a range of hot and cold starters as well as a full range of main meals. Alcohol would not be served and did not form part of the application. 

3.7      The premises had been operating until 11pm without any problems. Although it was a takeaway, there was some seating in the premises for customers waiting for food; not for consumption.

3.8      The applicant needed a licence in order to trade for the extended hours and this was accompanied by several conditions. These conditions had been agreed by the licensing authority.

3.9      Two objections had been received to this application and both objected to alcohol being served. Mr Elford advised members to be cautious because he did not believe that the objectors knew what they were objecting to. Both objections seemed to be geared towards larger problems in the local area rather than specific criticisms of the premises itself. This committee was not a mechanism for dealing with petty crime and anti-social behaviour. 

3.10    Mr Elford said that no evidence had been submitted to suggested that this premises had been operating badly. Therefore, there was no evidence to suggest that there would be any problems after 11pm. He did not accept the suggestion in one of the objections that shutting a premises at night made a problem go away. If anything, the reverse was true. He referred to the broken windows theory and said that closed premises were more vulnerable than if they were open. It was considered important that this premises stayed open as a presence on the streets.

3.11    Objections to the licence had been considered and  ...  view the full minutes text for item 3.