Agenda item

In the matter of this application for the variation of a Premises Licence,the Committee has considered all the relevant representations made by all parties.

The Committee has made the following determination with a view to ensuring the promotion of the licensing objectives in accordance with the provisions of the Secretary of State’s guidance and the principles of our licensing policy:

With a view to ensuring the promotion of the licensing objectives, in accordance with the provisions of the statutory guidance and the principles of our licensing policy, the application was REJECTED.

In coming to a determination the Committee considered the following matters:

1    Members of the Committee noted the representation made on behalf of the applicant. He said that the applicant accepted all the recommendations made by the Police and the CER service.

2.    The Committee noted the representation made by the Crime Enforcement and Regulatory service. Over several years, the CER service had received several complaints from residents with regard to noise nuisance emanating from the premises causing disturbance in the area.

3.    In April 2021, the CER service had received reports of loud music, karaoke and fighting taking place at the premises.

4.    On Sunday 1 August three male patrons from the premises had been involved in a fight, and a female was assaulted. The applicant did not take the appropriate steps to resolve the matter and the applicant held one of the males to the floor as he talked to him.

5     On 7 August 2021, the CER Officer made a site visit to Tropical Juice. Two breaches of conditions were noted; the incident log had been taken home by the applicant and there was no summary licence on display. Despite constant attempts to assist management, CER officers believed that the DPS had attempted to avoid them on occasions. Officers did not have confidence in the DPS and did not believe that he could manage the premises effectively.

6.    The Committee noted the representation made by the Police. Tropical Juice had a history of bad management. A GBH offence was alleged to have taken place on 1 August 2021 outside the premises. Criminal investigations were on going. There were serious concerns about the staff and management at the premises and how they conducted themselves.

7.    Members of the Committee had major concerns regarding public safety at the premises and agreed that the application should be rejected.

4.1      The Chair then welcomed the applicant for Tropical Juice, Ramiro Enríquez to the meeting and asked the CER Manager to present the application.

4.2      The Crime Enforcement and Regulations (CER) Manager said that this hearing was in relation to representations to a full variation application for Tropical Juice, Unit 5 La Placita Mall 149 New Cross Road SE14 5DJ. She outlined the application and the current licensed hours. She said that two representations had been received from responsible authorities; P.C Simon Butler and Frank Olaniran from the CER team, on the grounds of prevention of Prevention of Crime and Disorder and Prevention of Public Nuisance and Public Safety.

4.3      The CER Manager then outlined the powers available to members when making their decision.

Applicant

4.4      The Chair welcomed the applicant Ramiro Enríquez and he addressed the Committee. He said that he had considered recommendations made and he wanted to accept the reduced hours to midnight and all the recommendations made by the Police and the CER service.

            Representation

4.5      The CER officer said that along with his colleague, Mr Olaniran, they had made representations against the application on behalf of the CER team on the grounds of public nuisance and public safety.

4.6      Over several years, the CER service had received several complaints from residents with regard to noise nuisance emanating from the premises causing disturbance in the area. Three establishments within La Placita Mall had licences to sell alcohol. During officers’ ongoing investigation of noise complaints, noise nuisance was not witnessed. Tropical Juice provide Karaoke, and officers had provided advice on how to facilitate this without generating complaints. Despite warnings to management, the CER service had received reports of loud music, karaoke and fighting taking place at the premises in April 2021.

4.7      The CER Officer said that talks with management and monitoring had continued. On 2 August 2021, the CER service was made aware of an incident that took place on Sunday 1 August. Video footage was provided, and three male patrons from the premises were involved in a fight; a female was assaulted. The applicant did not take the appropriate steps to resolve the matter and the applicant could be seen holding one of the males and talking to him to the floor.

4.8      The CER Officer said that the service was also advised that the main instigator of the fight was seen entering the premises the following day with the applicant and allowed to consume alcohol.

4.9      On 7 August 2021, the CER Officer said that he made a site visit to Tropical Juice with the intention of inspecting the premises’ incident log with regard to the incident on 1 August. He was informed that the incident book had been taken home by the applicant and was unavailable for scrutiny, which was a breach of their licence conditions. There was a book behind the counter, but it did not show any details of the encounter. No summary licence was available on arrival but rectified during the visit

4.10    The CER Officer said that his main concern, during the visit on 7 August, was that current licence holder left the premises when he noticed him arrive with his colleague Mr Olaniran. Officers would then have been able to explain the correct response to the events that took place on 1 August and the importance of an incident book.

4.11    The CER Officer recommended that the application be rejected in its entirety in order to prevent further complaints of noise nuisance. He referred members to Lewisham’s licensing policy which recommends a preferred closing time of 1am Friday and Saturday and midnight Sunday to Thursday.

4.12    However, due to the complaints received, and the recent incident that had taken place, the licensing authority was of the view that no extension to times should be granted. If, however, the Committee was of the view that this application should be granted, the Licensing Authority recommended the removal of the current Designated Premises Supervisor Juan Chicaiza.

4.13    The CER Officer said that the CER team had also recommended a number of conditions along with those during the application process that would be essential if the premises was to be open beyond the currently licensed hours.

4.14    P.C Butler said that he had visited the premises and it was very problematic .It had a history of bad management and Police wanted the premises to be run responsibly, with a marked decrease in Police Cads being reported. He said that the Police had several concerns about the management of the premises.

A GBH offence was alleged to have taken place on 1 August 2021 outside the premises. Criminal investigations were on going. There were serious concerns about the staff and management at the premises and how they conducted themselves. In addition to the reports of noise nuisance received by the CER service, Police had also received crime reports that had been included in the Licensing Committee agenda.

4.15    P.C Butler said that having spoken to the applicant, there was an agreement in place with regard to the conditions which were strict and with multiple recommendations including the use of SIA staff on duty to help control patrons’ behaviour on the premises. The fact that the applicant agreed to all the recommendations by the CER service and the Police was a step in the right direction. He recommended that the Committee should not allow the business to operate beyond midnight. Management could then prove to the Police and CER team that they could act in a responsible manner.

4.16    The CER Manager clarified the current licensable hours for Tropical Juice.

4.17    Mr Ramiro Enríquez said that Juan Chicaiza wished to make clear that when CER officers came to speak to him at the premises on 7 August, he had not seen them. Mr Chicaiza had not been feeling well and needed to go home. He had hoped to extend his alcohol licence until 2am but would accept 12 midnight.

4.18    The Chair said that a decision letter would be sent out within 5 working days. She thanked all parties for their attendance, and they left the meeting.

4.19    The Chair said that she was satisfied that members of this Committee had read and heard all the information required to make a decision.  Members confirmed that they had been present throughout the meeting and had not experienced internet disruptions.

4.20    The Chair said that the meeting would go into closed session. All parties would be advised of the decision within 5 working days. She thanked all those present for their attendance.