Agenda item

1. Dimitri Burgers Limited (“the Applicant”) applied for the grant of a new Premises Licence for Dimitri Burgers, 379-383 New Cross Road, SE14 6AT (“the Premises”).

2. The application was for the grant of a premises licence to allow for: the retail sale of alcohol on and off the Premises for: Sunday to Thursday from: 08:00 hours – 23:30 hours, and Friday and Saturday from 08:00 hours to 00:30 hours. The applicant also applied for late night refreshment, live music, recorded music, performance of dance and anything of a similar description to live music or performance of dance for: Friday and Saturday from 23:00 hours to 00:30 hours. The application also requested seasonal variations for Christmas Eve, Christmas Day, New Years Eve and New Years Day from 23:00 hours to 02:30 hours.

3. The Applicant offered several conditions as part of their application. The Licensing

Authority, as a Responsible Authority, and the Police made representations to the

application and because of discussion with the Applicant both those representations were

withdrawn following agreement to the addition of the following conditions on the Premises

Licence:

 

Additional Conditions:

1. The premises shall install and maintain a comprehensive CCTV system. All entry

and exit points will be covered (including the internal stairs adjoining the property

above), 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.

2. All recordings shall be stored for a minimum period of 31 days with date and time

stamping. Recordings shall be made available within 48 hours upon the request

of the Police or authorized officer throughout the preceding 31-day period. The

CCTV system should be updated and maintained according to police

recommendations.

3. 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.

4. The CCTV must cover all areas of the premises that the public has 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.

5. A minimum of two SIA-registered door staff are to be employed through an

Accredited Contractor Scheme (ACS) registered company. They must be on duty

on Fridays, Saturdays, Bank Holidays, and any day preceding a Bank Holiday

night from 21:00 hrs until 30 minutes after closing and when conducting

licensable activities or any other advertised or private event.

6. A register of security personnel employed on the premises shall be maintained in

a legible format and made available to police upon reasonable request. The

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.

7. At the commencement of work, security personnel should ensure that they are

recorded on the CCTV system and that a clear head-and-shoulders image

showing their face clear of any hat, glasses, or other obstruction is recorded.

8. 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.

9. 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 on Fridays, Saturdays, Bank Holidays, and any day

preceding a Bank Holiday night from 21:00 hrs. If persons do not consent, entry

will be refused.)

(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’)

10. A proof of age scheme, such as Challenge 25, must be operated at the premises

where the only acceptable forms of identification are (recognized photographic

identification cards, such as a driving license or passport / Holographical marked

PASS scheme identification cards) appropriate signage must be displayed.

11. All children under the age of 16 must be accompanied by an adult.

12. All windows and doors must be kept shut while entertainment is in progress

except for patrons' immediate entrance/egress.

13. 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.

14. Loudspeakers shall not be located within the licensed outdoor area of the

premises building.

15. No regulated entertainment is allowed in the outdoor area of the premises

building.

16. Notices shall be prominently displayed at all exits requesting patrons to respect

the needs of local residents and businesses and leave the area quietly.

17. Patrons permitted to temporarily leave and then re-enter the premises, e.g., to

smoke on Fridays, Saturdays, Bank Holidays, and any day preceding a Bank

Holiday night from 21:00 hrs, shall be limited to (5) persons at any one time.

18. 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.

19. A direct telephone number for the manager at the premises shall be publicly

available at all times the premises is open. This telephone number is to be made

available to residents and businesses in the vicinity.

20. Patrons permitted to temporarily leave and then re-enter the premises, e.g., to

smoke, shall not be permitted to take drinks or glass containers with them.

21. Stock deliveries shall be made during the day between 10am and 4pm.

22. 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.

23. The premises shall have a written dispersal policy including addressing parked or

stationary vehicles across outside the front of the premises. All door staff shall be

knowledgeable of this policy and able to enforce it.

24. 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.

25. The premises Licence Holder and/or Designated Premises Supervisor shall keep

up to date policies and staff training records in relation to the following:

Requirements of the challenge 25 scheme, drugs, identification & recognition of

drunks, identification recognition and responsibilities of dealing with vulnerable

persons and the correct procedures to be followed when refusing service regular

training must be provided to all staff at least every 12 months, a record of the

training will be maintained for at least twelve months.

26. All documents of members of staff will be retained for a period of 12 months post

termination of employment and will be made available to the police, immigration

and/or Licensing officers upon reasonable request.

27. 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:

a) All crimes reported to the venue.

b) All ejections of patrons.

c) Any complaints received.

d) Any incidents of disorder.

e) All seizure of drugs or offensive weapons.

f) Any faults in the CCTV system.

g) Any refusal of the sale of alcohol.

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

28. Staff or patrons are prohibited from transferring alcohol from the adjoining

premises while licensable activity is in progress.

29. Upon the grant of the licence, the licence holder must ensure the premises is

compliance with other necessary legislation such as Health & safety at Work, Fire

Safety & Regulatory Order 2005, Planning Act, etc.

 

30. When the premises is open to the public for business, access to the premises above

is not allowed through the adjoining stairs. 31. Upon the grant of the licence, the

shutter door at the front of the premises is to me made a fire exit door.

 

 

4. In addition, because of an error in advertising the seasonal variations those additional

hours were removed from the Application.

5. The application also received representations from one resident on the grounds that the Application failed to promote the licensing objectives to prevent public nuisance, prevent crime and disorder, protection of children from harm and public safety.

6. The Licensing Committee held a hearing on 29 August 2024 to consider the Application. An agent spoke on behalf of the Applicant. The Committee also heard from the local resident in support of their written representations opposing the grant of the new premises licence.

7. In making its decision the Committee has considered all the papers contained in the report pack together with the oral submissions and evidence presented by the Applicant and Resident at the hearing. The committee has also considered the Council’s own Statement of Licensing Policy and the Home Office’s Statutory Guidance.

8. The Committee’s decision is to grant the application subject to the additional conditions agreed with the Licensing Authority and Police. The Committee was not asked to approve the seasonal variations due to the issue with advertising of the statutory notice. Its reasons for granting the application are as follows:

a. The Committee noted that the Applicant had agreed extensive conditions with the

Licensing Authority and Police. The Committee has determined that the additional

conditions agreed by the Application support the promotion of the licensing

objectives.

b. The Committee took very careful consideration of the concerns raised by the

resident. However, the Committee determined that the conditions offered in the

application, those agreed with the Licensing Authority and Police, addressed a

number of the concerns raised by residents and demonstrated that the Applicant

would promote each of the four licensing objectives.

 

9. There is a right of appeal against this decision. Any appeal should be made to the

Magistrates’ court within 21 days beginning with the day on which the appellant was notified of the decision.

4.1      The Vice - 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 Senior Officer to introduce the application.

 

            Introduction

4.2     The Safer Communities Senior Officer said this hearing was being held to determine a premises licence application made by Dimitri Burgers Ltd in relation to the basement premises, access to the rear of 379-383 New Cross Road. The seasonal variations originally applied for were omitted from the public notice as well as the newspaper advert so did not form part of this application.

4.3      The applicant had agreed conditions which were outlined in the agenda. The application was received on 27 June. The application was not originally advertised in accordance with regulations, so the consultation period was extended from 25 July to 1 August. The local authority received one relevant objection from a local resident during this time and was not considered to be frivolous or vexatious. The Police and licensing authority had submitted relevant representations but were withdrawn when the applicant agreed conditions. No other relevant representations were received from any other responsible authority.

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

Applicant  

4.6      Mr Alusolaaddressed the Committee on behalf of the applicant. He said that the application had been advertised in accordance with regulations and then he outlined the licensable activities as applied for. Licensing officers had recommended conditions which were agreed by the applicant and their objection was subsequently withdrawn. The Police withdrew their objections when the applicant agreed all the conditions.  

4.7      A representation had been received from one of the residents. Their concerns were discussed with the licensing officer and Mr Alusola understood that the conditions were forwarded to the resident to allay his concerns.

            Representations

4.8      One objector addressed the Committee. He said that the premises was in an area that was inappropriate for a late-night licence. It was situated on the corner of a busy junction and came off a one-way system. The premises was the back entrance to the lower floor of a larger building which was under a block of flats and surrounded by residential dwellings. The building was not sound insulated, and part of the premises was outside with a temporary shuttering over it. He could hear talking inside his home as well as moderately loud music. This area then opened out into a very long, dark, one ended car park.

 

4.9      The premises was near a school, and opposite a park. It was also within metres of St Mungo’s who support people who were homeless. The objector was concerned that an establishment open from 8am until midnight would be serving alcohol in an area where there were people with substance and alcohol misuse issues.

 

4.10    The objector said that the premises was not situated in a safe area. He had witnessed stabbings and assaults. There were regular issues with people congregating and dealing drugs. 

 

4.11    The application was similar to a previous business that had shut down. The music was disruptive, people congregated outside with cabs dropping off and picking up patrons all evening. The road became congested and noisy. The previous bar had operated beyond their licenced conditions. On one occasion he had to leave and sleep elsewhere because of the noise. Young families in the area also suffered from the nuisance the premises created. It was inappropriate to have such an establishment in the area because it was a residential area and would have a major impact on the lives and wellbeing of local residents.

 

4.12    Councillor Harding said that there was an existing licensed business above Dimitri Burgers. He asked if this business had contributed to the issues that he had raised in his presentation and why it was different from Dimitri Burgers. The objector said that the Mez Mangal restaurant did not have live music, dancing or performances. Patrons did not congregate outside the premises for hours. It would also function differently because the entrance to this bar was on the back side of the building which was off the main road and opened out to a dark and dingy car park. This area attracted people who wanted to drink excessively, deal drugs, cause trouble and loiter without being scrutinised.

 

4.13    There had been a proposal to install CCTV. The objector considered this to be ineffective unless it was all along Pagnell Street and in the car park. He did not believe that door staff would be able to control traffic as cars blocked the area outside the premises causing a problem for emergency services and local residents.

 

 4.14   Councillor Atkinson said that she agreed with the objector regarding his account of anti-social behaviour in the area. However, she did not believe that the problems associated with anti-social behaviour and traffic jams could all be related to the premises. She asked the objector why he believed that this link was there. The objector did not believe that there was a link between anti-social behaviour and the bar, but there was a massive increase when the previous bar opened. He witnessed regular stabbings and anti-social behaviour outside his flat and this did not happen before the bar opened.

 

4.15    The objector agreed that New Cross Road was busy but said that when the bar was open, there were drop offs and pick-ups throughout the operating hours. The taxis/Ubers waited outside and caused a traffic jam; regular patrons could loiter for up to an hour at this busy junction.

 

4.16    Councillor Onikosi asked whether some of the issues raised could have been caused by other factors.. The objector said that there was a very clear and sharp increase in problematic behaviour when the previous bar opened. Although there had always been problems in the area, but in the 25 metres around the bar it was intolerable. He could not sleep, there were numerous late-night events until 7am on a Monday.

 

4.17    The Legal adviser clarified that the Committee could not take into account issues with a previous premises managed by a previous applicant. The objector said that this type of establishment had been in the area before and because of the geography of the area, the same problems would occur relating to drop offs and pickups, late night drinking, and all of the other issues he had raised in his presentation. He did not believe that any of the conditions agreed by the Police would address these issues.

 

            Conclusion

 

4.18    Mr Alusola said that the concerns raised by the resident regarding public nuisance had been addressed in the conditions 12-16 and 19. Most of his concerns were about the area. It would not be appropriate to judge the current applicant on the behaviour of a previous applicant. It was a new business and a new management. It would be a Brazilian restaurant, attracting different patrons. The applicant had agreed all the conditions recommended by the Police and Licensing Authority and would ensure that residents were not disturbed.

 

4.19    The objector clarified that the area was not the issue, it was a late-night bar, selling alcohol in this residential area with residents within 5-20 metres of the premises. Even operating until 11.30pm was not appropriate or fair. Residents should not have to wait until midnight to sleep. The building was not sound insulated and the sound from any entertainment would carry as it did with the previous establishment. The spike in the anti-social behaviour was not because of the area, it was entirely due to a premises serving alcohol in a small dense residential area.

 

4.20    The Vice-Chair said that she was satisfied that members of this Committee had read and heard all the information required to make a decision. All members confirmed their attendance throughout the meeting.

 

4.21    The Vice-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.