Agenda, decisions and draft minutes

Agreed.

RESOLVED that the minutes of the meeting of Licensing Committee held on 26 March and 19 September 2024 be confirmed and signed.

None.

None.

1. Asian Food CW Limited (“the Applicant”) applied for the grant of a new Premises Licence on 8^th October 2024. for China Ark Market, Unit K Gothenburg Court, Bailey Street, SE8 5EY (“the Premises”).

2. The application was for the grant of a premises licence to allow for the retail sale of alcohol for consumption off the Premises for:

10.00am to 22.00 hours Monday to Sunday.

3. The Applicant offered conditions as part of their application, under Section ‘M’ of the form. Following representations from the Police, additional conditions on the premises were agreed by the applicant and the representation from the Police was withdrawn.

The additional conditions agreed on the premises licence were as follows:

General

1.    All sales of alcohol for consumption off the premises shall be in sealed containers, and shall not be consumed on the premises.

2.    There shall be a personal license holder on duty on the premises at all times when the premises are authorised to sell alcohol.

3.    An incident log shall be kept at the premises, and made available on request to an authorized Local Authority or Police Officer, which will record the following:

            All crimes reported to the venue.

            All ejections of patrons.

            Any complaints received.

            Any incidents of disorder.

            All seizure of drugs or offensive weapons.

            Any faults in the CCTV system.

            Any refusal of the sale of alcohol.

            Any visit by a relevant authority or emergency service.

4.    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.

5.     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.

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

CCTV

7.    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.

8.    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 authorized council officer recent data or footage with the absolute minimum of delay when requested.

Age Verification and Protection of Children from Harm

9.    A proof  ...  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 Officer 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 Asian Food CW Ltd in relation to the premises at China Ark Market, Unit K Gothenburg Court, Bailey Street, SE8 5EY. The application was received on 8 October 2024 and processed on 9 October 2024. The application had been advertised in accordance with regulations.

3.3      During the consultation period, the Licensing Authority received two representations from members of the public. A representation submitted by the Police 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      The agent spoke on behalf of the applicant. He drew members’ attention to the conditions that had been agreed with the Police. They were extensive, robust, and standard conditions expected for an off licence. The application was within the Council’s licensing policy and the hours requested for selling alcohol were moderate for an off licence.

3.6      The agent recommended that the application be granted in full, with the conditions recommended by the Police. He made reference to the 182 Guidance of the Licensing Act. There were no representations from responsible authorities, extensive conditions had been agreed. There would be restrictions to the alcohol that could be sold, a personal licence holder would have to be on site, and an extensive CCTV system.

3.7      Councillor Harding referred to the licensing objective for the prevention of public disorder. He asked what steps the applicant would take to ensure any disturbance would be minimised for residents living close to the premises. The agent said that the applicant wanted to sell alcohol. The premises was already operating, and adding the sale of alcohol would not greatly change how the premises would operate. If the premises was disturbing neighbours, he would have expected to see more representations. He did not believe that the sale of alcohol would have an impact on public nuisance in the area. The applicant recognised that the premises was in a residential area, and the application was well within the limits recommended by this Council’s licensing policy. Sale of alcohol would commence after schools started and end before the recommended time of 11pm.

Representation

3.8      One objector addressed the Committee. He made the following points:

•  He was concerned about the safety and wellbeing of his community and the quality of life. His objection was based on the applicant’s inability to uphold the four licensing objectives. The applicant had not shown any respect for rules or the community that they operated in.
• China Ark Market was a source of disturbance to residents. The applicant had failed to address residents’ concerns about noise issues caused  ...  view the full minutes text for item 3.