Agenda item

Application made by Novel Pubs Ltd for a Premises Licence at Badger Badger 139-145 Deptford High Street SE8 3NU.

 

In the matter of this application for 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 GRANTED with the conditions attached and hours as follows:

 

Live Music

23:00 – 00:00          Monday

23:00 – 00:00          Tuesday

23:00 – 00:00          Wednesday

23:00 – 01:00          Thursday

23:00 – 01:00          Friday

23:00 – 01:00          Saturday

23:00 – 00:00          Sunday

 

Recorded Music

23:00 – 00:00          Monday

23:00 – 00:00          Tuesday

23:00 – 00:00          Wednesday

23:00 – 01:00          Thursday

23:00 – 01:00          Friday

23:00 – 01:00          Saturday

23:00 – 00:00          Sunday

 

Late Night Refreshment

23:00 – 00:00          Monday

23:00 – 00:00          Tuesday

23:00 – 00:00          Wednesday

23:00 – 01:00          Thursday

23:00 – 01:00          Friday

23:00 – 01:00          Saturday

23:00 – 00:00          Sunday

 

Sale of Alcohol for consumption on the premises

09:00 – 23:30          Monday

09:00 – 23:30          Tuesday

09:00 – 23:30          Wednesday

09:00 – 00:30          Thursday

09:00 – 01:00          Friday

09:00 – 01:00          Saturday

09:00 – 23:30          Sunday

 

Seasonal Variation

Licensable activity from the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.

 

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

 

1    Members of the Committee noted the representations made on behalf of the applicant. Badger Badger had been an active participant within the Deptford community engaging with local residents, charities and council initiatives.

             

2.    The Committee noted further that Badger Badger had an excellent record for upholding their licensing responsibilities at night. The applicant acknowledged the concerns of neighbours and had engaged an extra door team member to manage noise outside the premises.

  

3.    Members of the Committee noted management had worked with responsible authorities and accepted all recommendations made by the Crime Enforcement and Regulatory Service and Police. The applicant believed that the High Street could be very noisy at the weekend evenings and their security team had been a positive influence on the area.

 

4.    Members of the Committee considered representations made by a local resident and the Deptford Society who believed that the character of the area needed to be understood. The Deptford Society were of the view that Deptford High Street, although busy during the day, at night there was low ambient noise.  It was their strong belief that this should be considered seriously when extending licensing hours. In addition the premises was located within a local hub as outlined in the Licensing Policy.

 

5.   The Committee noted that residents agreed that the premises were well managed. Their main concerns were regarding the noise created by patrons leaving the area late at night as they walked through footpaths close to their homes. Local markets set up from 6am and if a licence was granted until 02.30, then residents would only have 3 ½ hours peaceful sleep.

 

6.   Deptford was a deprived area and the Deptford Society believed that residents should be supported. There should be a balance between success of local businesses and the right of residents to lead a peaceful life.

 

7.    Members of the Committee noted that there had not been any representations from regulatory authorities and agreed that the granting of the premises licence with the revised hours and raft of conditions, would ensure that the four licensing objectives were upheld.

Conditions for Badger, Badger 139-145 Deptford High Street SE8 3NU

 

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.

 

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.

 

The CCTV must cover all areas of the venue that the public have access to. There should be no obstructions to any internal camera that creates areas that are not wholly covered by CCTV, apart from within toilet cubicles and directly covering men’s urinals.

 

The smoking area must be covered by CCTV that is to the same standards as the internal CCTV system.

 

The premises shall prominently display signage at all entrances informing customers: -

(‘All persons entering this premise are liable to be searched. Agreement to search is a condition of entry. If persons do not consent, entry may be refused.)

(All persons entering the premise will produce identification when asked to do so),

(Police may be called if drugs or weapons are found.’)

(CCTV is in operation throughout this premises and is made available to the police.)

(Any person found carrying weapons or illegal drugs will be permanently excluded and the police will be informed.)

(‘Management reserve the right to refuse entry’)

 

A minimum of 2 SIA registered door staff, of which one (1) must be female and are all employed by an Accredited Contractor Scheme (ACS) registered company. They must be on duty on Thursday, Friday and Saturday from 21:00hrs until 30 minutes past closing time, when the Business is open beyond Midnight and when conducting licensable activities or private events.

 

Any door staff to be responsible for numbers in smoking area and keeping it within agreed numbers as set out in this licence.

 

A register should be completed by the DPS/ duty manager/ nominated staff member at the commencement of work by each member of security staff and details recorded should include; full name, SIA badge number, time of commencement and completion of duties. The security operative should then sign their name.

 

Door staff should wear their identification badge at all times when working at the premises.

 

Any SIA door staff should make written record of any incidents that happen on the Premises, while they are on duty, including where Police are called upon to attend and investigate any crimes being recorded.

 

All persons entering or re-entering the premises shall be searched by an SIA trained member of staff and monitored by the premises CCTV system.

 

No more than 10 customers to be allowed outside the front of the premises to smoke or drink at any time. 

 

No customers will be allowed to take drinks outside into the front or rear outside areas after 2200hrs. 

 

 

The license holder shall ensure that any queue to enter the premises which forms outside the premises is orderly and supervised by door staff so that there is no public nuisance or obstruction to the public highway, and use barriers if required to ensure public safety or obstruction.

 

There shall be no admittance or re-admittance to the premises on Thursday, Friday and Saturday after Midnight unless leaving the premises to smoke. 

 

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

 

Patrons permitted to temporarily leave and then re-enter the premises (including the smoking area) e.g. to smoke, shall not be permitted to take drinks or containers with them.

 

No customers shall be permitted to leave the premise with any glass containers. No alcohol to be sold for consumption off the premises.

 

Notices shall be prominently displayed at any area used for smoking requesting patrons to respect the needs of local residents and use the area quietly.

 

The smoking areas shall be kept clean and well swept to ensure environment and local areas are tidy and litter/ cigarette waste to be disposed of in correct dustbins/ashtrays provided. Door staff/ Staff should ensure compliance and monitoring of smoking areas.

 

No children under the age of 18 will be permitted on the premises beyond 2200hrs, unless accompanied by an adult.

 

An incident log shall be kept at the premises, and made available on request to an authorized officer of the Council or the Police, which will record the following:

(a) All crimes reported to the venue

(b) All ejections of patrons

(c) Any complaints received

(d) Any incidents of disorder

(e) All seizures of drugs or offensive weapons

(f) Any faults in the CCTV system or searching equipment or scanning equipment

(g) Any refusal of the sale of alcohol

(h) Any visit by a relevant authority or emergency service.

(I) advertise a number for complaints from the public and all complaints to be recorded in the incident book.

 

A record book of banned individuals shall be held by the SIA registered door supervisors at the front door and will be made available to Police and Council upon request.

 

The premises shall have a written dispersal policy including addressing parked or stationary vehicles across the outside the front of the premises, and ensuring public footpath is not blocked. All door staff shall be knowledgeable of this policy and able to enforce it.

 

The license holder shall enter into an agreement with a hackney carriage and/or private carriage firm to provide transport for customers, with contact numbers made readily available to customers who will be encouraged to use such services. This to encourage dispersal at close of Business.

 

A noise limiter must be fitted and maintained within the premises. The level of this meter must be set in accordance with required legislation and standards by a qualified acoustic engineer, as so not to cause a noise nuisance. The limiter must be sealed in such a way that no unauthorised person can tamper with it. All amplified music played at the premises must be passed through the noise limiter. An annual calibration of the noise limiter must take place by a qualified acoustic engineer and recorded in the incident book.

An appropriately qualified acoustic engineer* must be engaged to carry out an acoustic report for both sound insulation, egress and dispersal with appropriate recommendations as to how statutory nuisance can be mitigated appropriately, within 1 month of the licence being granted. A copy of the report must be sent to the licencing authority within 2 months of the licence grant date. Any recommendations to improve noise management to ensure a nuisance does not occur to neighbouring properties must be implemented with 3 months of the licence grant date.

 

*defined as a member of the Association of Noise Consultants.

 

Doors and windows to remain closed after 2100hrs to ensure noise is kept to levels that will not impact the local community.

 

Management should keep staff records/Immigration checks and ensure all employees have permitted documentation to allow them to Work and reside in the UK. When Police and LA visit staff have to produce suitable Identification when requested to show compliance.  

 

 

 

 

 

 

 

 

 

 

 

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 Crime Enforcement and Regulations Manager to introduce the application.

 

            Crime, Enforcement and Regulation Manager          

 

3.2     The Crime Enforcement and Regulations (CER) Manager said that members were being asked to consider an application for a premises licence for Badger Badger 139-145 Deptford High Street SE8 3NU. She outlined the application and said that representations had been received from two residents within close proximity to the premises primarily on the grounds of prevention of Public Nuisance. 

 

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

 

            Applicant

 

3.4      Mr Ross then addressed the Committee. He said that over the last 18 months, Badger Badger had been operating as a workspace pub and café. It had been an active participant with the community, engaging with local residents, charities and council initiatives. Management ensured advanced notice was given for all proposed events welcoming any comments. He was able to provide evidence of the emails if required. 

 

3.5      Mr Ross said that many of those who had issues with the premises and with whom he engaged, were also welcome customers. He thanked all these customers whether or not they welcomed the application, for their support. Badger Badger had an excellent record for upholding their licensing responsibilities at night. One extra door team member above the mandatory number had been employed in order to help manage external noise created by a venue with a capacity of 250 patrons.

 

3.6      There had not been any representations from the regulatory authorities. Mr Ross believed that this was because the measures outlined were sufficient and would uphold the licensing objectives.

 

3.7      The main areas of concern expressed had been that of exterior noise if operating hours were extended. Mr Ross said that he was confident that noise had been kept down to reasonable levels during their current hours of operation and over the course of any Temporary Event Notices.

 

3.8      Badger Badger had observed and investigated night time activity outside its premises and discussed their findings with the Crime, Enforcement and Regulatory Officer. The conclusion was that the guidelines in the application would be sufficient to protect against excessive noise.

 

3.9      Badger Badger operated well below the ambient noise on Deptford High Street between the hours of midnight and 2.30am. Some neighbours had welcomed the application.

 

3.10    Mr Ross said that the High Street can be very noisy at the weekend evenings and their security team had been a positive influence on the area. As a late night venue they encouraged a conversation about their operating practices and how they could be augmented in order to keep within reasonable noise limits. He said that he intended to keep good lines of communications with neighbours and local resident groups.

 

3.11    Mr Ross said that he believed that Badger Badger had been a positive influence on the high street and had invested in the Deptford community. During this period of unprecedented difficulty, he hoped that honest and productive work would be encouraged. Mr Ross said that he enjoyed working in Deptford and hoped to work in the area for many years to come.

 

3.12    Councillor Howard asked the applicant, his justification for requesting the extension of hours. Mr Ross said that they had operated under a number of TENs over the last two months between the hours of midnight and 02.30. It provided a service to patrons and those wanting to host a party and ensure that when they were operating during these later hours, they could do so in a responsible fashion. It was noted that noise levels rose as patrons left the venues with a 3.30pm finish and door staff from Badger Badger had been constructive in trying to pacify these patrons, explaining that it was a residential area.

 

3.13    Mr Ross said that the hospitality industry had suffered over the past two years, and the late night economy was valuable. Deptford was becoming an area of focus and development by the Council and he believed that Badger Badger helped to reduce some of the noise created by the patrons from venues with later licences.

 

3.14    Ms Spall clarified that in the Council’s Licensing Policy for 2020-2025, it stated that Deptford High Street was identified as being within a local hub. This meant that the preferred latest end time for pubs and clubs was midnight.

 

Representation

 

3.15    Mr Richardson then addressed the Committee on behalf of the Deptford Society. He said that historically there had been a lack of awareness from the Council regarding the character of Deptford High Street. During the day, it was busy with shoppers but at night, it was a peaceful environment because there was no traffic. All traffic was routed through Deptford Church Street.

 

3.16    Mr Richardson said that he lives with his family with bedrooms facing the High Street. When the Deptford Society received a draft copy of the Licensing Strategy for 2020-2025, they tried to explain the quiet environment at night in the High Street. The Society were pleased when officers understood these issues and amended the policy so that Deptford became a local hub rather than a district hub.

 

3.17    Mr Richardson said that for those residents who had invested in the future of their neighbourhood in Deptford, businesses wanting to operate late night establishment was contrary to these views. He said that officers understood that Deptford is like one large, mixed use development and were changing the hours of all the businesses in line with the preferred hours set out in Lewisham’s Licensing Policy.

3.18    Mr Richardson expressed his strong wish that the character of the high street should be understood by all authorities. He said that Mr Ross managed the premises very well but the late night economy was simply not suitable for the area. He said that the acoustics were such that residents were being woken up by conversations between the door staff.

 

3.19    Mr Richardson said that premises licences for Buster Mantis and Stockton were granted prior to the change in the licensing policy. Deptford was a socially deprived area where many residents were not aware of their right to complain and the local authority should provide an extra layer of care to protect the needs of residents,

             

3.20    Helena Russell then addressed the Committee. She said that the neighbouring street that she lived on was a cul de sac. It was free from traffic and had a number of footpaths which ran from the high street through many of the residential areas towards Greenwich, New Cross Surrey Quays and beyond. If the licence was granted, patrons would be walking past residential windows from 02.30 and later, creating noise nuisance after enjoying a social evening. She considered this to be unreasonable. Market stalls were set up from 6am on Saturday morning. Shutters are pulled up, stalls wheeled out all in close proximity to residential homes, so potentially, residents would have 3½ hours peaceful sleep. She agreed that the premises was well managed but there was a problem with the noise of late night dispersal of patrons.

 

3.21    Ms Russell noted in the conditions that there would be patrons smoking at the back of the premises from 10pm and asked Mr Ross to clarify this. Mr Ross said this would not be happening, patrons would only use the back exit as a fire escape. This had been confirmed with the Police.

 

3.22    In conclusion, she said that when planning permission for the change of use was granted, the hours of operation were restricted in an effort to safeguard the amenity of neighbours. She asked how this had changed.

 

3.23    The CER manager said that officers had received an amendment to the proposed conditions namely: ‘No more than 10 customers to be allowed outside the front of the premises to smoke or drink at any time’.

 

3.24    In conclusion, Mr Ross said that he considered the objectors as friends and was open as to how the situation could be managed. There were several universities in the area and after midnight, people returned from other events and there was noise. His aim was to have a responsible team at Badger Badger and try to mitigate against some of the problems and continue to invest in the Deptford community. It was also important for the hospitality industry to develop.

 

3.25    Mr Richardson said that the Deptford Society were keen for shared space to work between the needs of businesses and residents. There was a strong local economy supported by local residents where people knew each other. If there was a degradation of residential amenity, there would be a more transitory population. He considered that there should be an evening, rather than a night time economy and the licensing hours should be in keeping with the licensing policy.

 

3.26    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.

 

     

            Exclusion of the Press and Public

 

RESOLVED that under Section 100 (A) (4) of the Local Government Act1972, the press and public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in paragraph 3 of Part 1 of Schedule 12 (A) of the Act, as amended by the Local Authorities (Executive Arrangements) (Access to Information) (Amendments) (England) Regulations 2006 and the public interest in maintaining the exemption outweighed the public interest in disclosing the information:

 

3 Badger Badger 139-145 Deptford High Street SE8 3NU

 

The following is a summary of the item considered in the closed part of the meeting.

 

3. Badger Badger 139-145 Deptford High Street SE8 3NU

 

            The licence as applied for was granted with a raft of conditions and a terminal hour of 1am.