Agenda item

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

The Committee made the following determination to ensure 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 APPROVED.

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

1    Although objectors were not present at the Licensing Committee, Members considered the information submitted by them and found at pages 21 and 22 of the agenda.

2.    The Committee noted the representations made by the applicant. He had already managed a similar business at 316 Lee High Road for over a year without any problems. He had received one complaint from the neighbour above the premises regarding a noisy blender. The applicant installed a silencer and the neighbour had no further complaints.

3.    Members of the Committee noted that the premises is located on a busy road and the applicant did not expect the opening of his business to increase noise in the area.

4.    Delivery drivers had an area inside the premises where they could wait for food to be prepared. Neighbours would not, therefore, be disturbed by the noise of drivers congregating on the pavement outside the premises. It was also noted that the premises would not always trade until 4am. It allowed time for clearing up and on busy days, including Boxing Day, for example, it would prevent the need to apply for Temporary Event Notices.

5.   It was agreed that by refusing this application, the four licensing objectives would be upheld.

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 Senior Licensing Officer to introduce the application.

            Senior Licensing Officer 

3.2     Mr Lockett said that the meeting was being held in relation to representations received for a new premises licence at Rowdy Deptford 13 Deptford Church Street SE8 4RX. He outlined details of the application. Two representations had been received from Councillor Dacres and the Deptford Society. Both objections were on the grounds of Public Nuisance.

3.3      Mr Lockett then outlined the powers available to Members when making their decision.

            Applicant

3.4.     The applicant said that Lewisham had granted a licence over a year ago for their existing business at 316 Lee High Road. They had not received any complaints from the public. Rowdy Deptford would be the same type of business and managed in a similar way.

3.5      The applicant said that objections received with regard to this application were potential noise that the business could create. He considered that this was an exaggeration. He was told by the Council that a licence was only required if hot food was served. He said that his business had been selling ice cream and shakes for the last two months until 3am. The only complaint received was from the resident living above the premises. He complained that the noise from the blender was too loud. The applicant installed a silencer and the resident did not have any further complaints. 

3.6      Councillor Shrivastava asked whether, based on his current business, he intended to be open for business every night until 4am. The applicant did not expect to open this late every night. He had applied for these hours so that he did not have to apply for a Temporary Event Notice when he expected to be busy; Boxing day for example. He also expected to use this late night opening to allow him time to clear up before closing. He did not expect the premises to close after 3am.

3.7      Councillor Jackson said that the business would essentially be a takeaway service with delivery vehicles coming into the area relatively frequently and late into the evening. The noise of these vehicles was one of the concerns that had been raised in the objections. He asked how many extra covers were expected after midnight until the premises closed. The applicant said that the premises was situated on a busy road. He said that they had been selling ice cream and waffles and there were approximately 13 drivers in total between 11pm and 3am on the recent bank holiday. When hot food was available, this number could increase another 30% to 40% on the busiest days with 10 delivery drivers over a period of 4 hours.

3.8      Councillor Anifowose asked whether deliveries were given to drivers inside or outside the premises. The applicant said that there was a designated area inside the premises for delivery drivers while orders were prepared.

3.9      There were no objectors present at the meeting. The Chair said that the objections were included in the agenda which members of the Committee had read.

3.10    In summary the applicant drew Members’ attention to the fact that they had one business in Lewisham that was being managed well and he expected the same success with the proposed business at 13 Deptford Church Street. A late night licence was important for their businesses because they only started trading at 5pm. The premises had been closed for 2 years and he intended to create jobs for local people and his business would be of benefit to the community.

3.11    The Chair said that she was satisfied that Members of the Committee had read and heard all the information required to make a decision.  Before Members left the meeting and proceeded to the vote, she needed to ensure that every Member who would be voting on this item had been present throughout and had no internet disruptions.  Each Member then confirmed that they had been present throughout this item and had heard all the evidence.

3.12    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. Rowdy Deptford, 13 Deptford Church Street, London, SE8 4RX

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

Rowdy Deptford, 13 Deptford Church Street, London, SE8 4RX

            The application for a new premises licence was APPROVED.

.