1. art and entertainment
2. theatre

Open Agenda
Licensing Sub-Committee
Monday 27 April 2015
10.00 am
Ground Floor Meeting Room G01C - 160 Tooley Street, London SE1 2QH
Membership
Reserves
Councillor Renata Hamvas
Councillor David Hubber
Councillor Lorraine Lauder MBE
Councillor Sandra Rhule
INFORMATION FOR MEMBERS OF THE PUBLIC
Access to information
You have the right to request to inspect copies of minutes and reports on this agenda as
well as the background documents used in the preparation of these reports.
Babysitting/Carers allowances
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elderly dependant or a dependant with disabilities so that you could attend this meeting,
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Access
The council is committed to making its meetings accessible. Further details on building
access, translation, provision of signers etc for this meeting are on the council’s web site:
www.southwark.gov.uk or please contact the person below.
Contact
Andrew Weir on 020 7525 7222 or email: [email protected]
Webpage: www.southwark.gov.uk
Members of the committee are summoned to attend this meeting
Eleanor Kelly
Chief Executive
Date: 17 April 2015
Licensing Sub-Committee
Monday 27 April 2015
10.00 am
Ground Floor Meeting Room G01C - 160 Tooley Street, London SE1 2QH
Order of Business
Item No.
Title
Page No.
PART A - OPEN BUSINESS
1.
APOLOGIES
To receive any apologies for absence.
2.
CONFIRMATION OF VOTING MEMBERS
A representative of each political group will confirm the voting members of
the committee.
3.
NOTIFICATION OF ANY ITEMS OF BUSINESS WHICH THE CHAIR
DEEMS URGENT
In special circumstances, an item of business may be added to an agenda
within five clear days of the meeting.
4.
DISCLOSURE OF INTERESTS AND DISPENSATIONS
Members to declare any interests and dispensation in respect of any item
of business to be considered at this meeting.
5.
LICENSING ACT 2003: THE ROXY, 128 BOROUGH HIGH STREET,
LONDON SE1 1LB
1 - 44
6.
LICENSING ACT 2003: EAST 12TH RESTAURANT LTD, 2 - 4 GROVE
LANE, CAMBERWELL, LONDON SE5 8SY
45 - 91
ANY OTHER OPEN BUSINESS AS NOTIFIED AT THE START OF THE
MEETING AND ACCEPTED BY THE CHAIR AS URGENT
Item No.
Title
PART B - CLOSED BUSINESS
EXCLUSION OF PRESS AND PUBLIC
The following motion should be moved, seconded and approved if the
sub-committee wishes to exclude the press and public to deal with reports
revealing exempt information:
“That the 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 paragraphs 1-7, Access to
Information Procedure rules of the Constitution.”
7.
CONFIDENTIAL: DETAILS OF OTHER PERSONS
ANY OTHER CLOSED BUSINESS AS NOTIFIED AT THE START OF
THE MEETING AND ACCEPTED BY THE CHAIR AS URGENT
Date: 17 April 2015
Page No.
1
Item No.
5.
Classification:
Open
Date:
27 April 2015
Agenda Item 5
Meeting Name:
Licensing Sub-Committee
Report title:
Licensing Act 2003: The Roxy, 128 Borough High
Street, London SE1 1LB
Ward(s) or groups affected:
Cathedrals
From:
Strategic Director of Environment and Leisure
RECOMMENDATION
1.
That the licensing sub-committee considers an application made under Sections 53C
of the Licensing Act 2003 by the Metropolitan Police for a review of the premises
licence in respect of the premises known as The Roxy, 128 Borough High Street,
London SE1 1LB.
2.
Notes:
a)
The grounds for the review are stated in paragraph 14 of this report. A copy of
the full application is provided as Appendix A.
b)
A copy of the council’s approved procedure for hearings of the sub-committee in
relation to an application made under the Licensing Act 2003, along with a copy
of the hearing regulations, has been circulated to all parties to the meeting.
BACKGROUND INFORMATION
The Licensing Act 2003
3.
The Licensing Act 2003 received royal assent on 10 July 2003. The Act provides a
licensing regime for:
•
•
•
The sale of and supply of alcohol
The provision of regulated entertainment
The provision of late night refreshment.
4.
Within Southwark, the licensing responsibility is wholly administered by this council.
5.
The Act requires the licensing authority to carry out its functions under the Act with a
view to promoting the four stated licensing objectives. These are:
•
•
•
•
6.
The prevention of crime and disorder
The promotion of public safety
The prevention of nuisance
The protection of children from harm.
In carrying out its licensing functions, a licensing authority must also have regard to:
•
•
•
The Act itself
The guidance to the Act issued under Section 182 of the Act
Secondary regulations issued under the Act
2
•
•
•
The licensing authority’s own statement of licensing policy
The application, including the operating schedule submitted as part of the
application
Relevant representations
7.
The applications process involves the provision of all relevant information required
under the Act to the licensing authority with copies provided by the applicant to the
relevant responsible bodies. The application must also be advertised at the premises
and in the local press. The responsible authorities and other interested parties within
the local community may make representations on any part of the application where
relevant to the four licensing objectives.
8.
The premises licence once issued remains valid for the life of the business unless
surrendered or revoked. However, under section 51(1) of the Act it remains open to
any responsible authority or interested party to apply to the local licensing authority
for a review of the premises licence where there are concerns regarding one or more
of the four stated licensing objectives.
KEY ISSUES FOR CONSIDERATION
The premises licence
9.
The premises known as The Roxy forming the ground floor and basement at 128
Borough High Street, SE1 1LB, is licensed for the supply of alcohol; regulated
entertainment; and late night refreshment to Ms Shumi Begum. Ms Begum is also
named as designated premises supervisor on the licence.
10.
The premises has been licensed since January 2006. Ms Begum took responsibility
for the premises in November 2013.
11.
A copy of the licence is attached at Appendix B to this report. The licence provides for
the following operating hours:
•
Opening hours:
Monday to Thursday 09.00 to 01.30
Friday 09.00 to 02.00
Saturday 09.00 to 03.00
Sunday 12.00 to 01.30
•
Retail sale of alcohol (on and off sales)
Monday to Thursday 10.00 to 01.00
Friday 10.00 to 01.30
Saturday 10.00 to 02.30
Sunday 10.00 to 01.00
•
Live and recorded music
Monday to Thursday 10.00 to 01.00
Friday 10.00 to 01.30
Saturday 10.00 to 02.30
Sunday 10.00 to 01.00
3
•
Late night refreshment
Monday to Thursday 23.00 to 01.00
Friday 23.00 to 01.30
Saturday 23.00 to 01.30
Sunday 23.00 to 02.30
Premises licence holder
12.
The premises licence holder for the current premises licence is Ms Shumi Begum.
Designated premises supervisor
13.
The designated premises supervisor under the existing premises licence is Ms Shumi
Begum, he holds a personal licence issued by the London Borough of Southwark. An
application to vary the DPS to Mamon Rashid was received on 13 April 2015.
The application for a review of the premises licence
14.
On 30 March 2015 a certificate was received under section 53A(1)(b) of the Licensing
Act 2003 from a senior member of the metropolitan police stating that in his opinion
the premises are associated with serious crime and serious disorder.
15.
This view has been reached following an incident at around 03.30 on Sunday 29
March 2015 when a fight involving around 50 people took place inside the premises
and led to some 100 people spilling out onto the street. This took place beyond the
closing time of the premises under the licence.
16.
The incident was attended by the police and some 10 suspects were arrested for
violent disorder. All had received stab wounds.
17.
The certificate is accompanied by an application for a summary licence review which
requests, as interim steps, that the premises licence be suspended until such time as
the full hearing is determined.
18.
The application goes on to detail the incident in further detail along with previous
incidents recorded at the premises.
19.
A copy of the application and certificate are attached to this report as Appendix A.
20.
At the hearing on the 9 April 2015, the decision was taken to suspend the licence.
The notice of decision is attached as Appendix C.
21.
A hearing to consider the representations against the interim steps was held on 9
April 2015. The premises was allowed to re-open with restrictions as detailed below:
•
That the opening hours of the premises be:
Monday to Sunday 10.00 to 23.00
•
That the licensable activities be:
Films - Monday to Sunday 14.00 to 22.00
•
Sale of alcohol:
Monday to Sunday 17.00 to 22.00 BUT only as ancillary to a table meal to
persons attending and viewing a film show.
4
•
That Shumi Begum, Robert Hickson and Sheik Manun Uddin shall not enter the
premises once licensable activities are taking place.
•
That SIA door staff shall monitor the entrance of the premises from 14.00 to
23.30.
•
That the premises shall close and be vacated by patrons by 23.00.
22.
The full notice of decision is attached as Appendix D.
23.
The licensing sub-committee is not restricted to just considering these steps, other
steps available are contained in paragraph 30.
Representations from other persons
24.
There were seven representations from other persons relating to the licensing
objectives of the prevention of crime and disorder and prevention of nuisance. These
are attached as Appendix E.
Representations from responsible authorities
25.
There was one representation received from the health and safety team relating to
the licensing objective of public safety . This is attached as appendix F.
Operating history to date
26.
The last recorded inspection of the premises was carried out by a licensing officer on
6 March 2015 at 21.05. The premises was found to be in breach of several
conditions relating to the premises licence and a warning letter was sent to the DPS
on 10 March 2015. This is attached as Appendix G.
The local area
27.
A map of the area is attached to this report as Appendix H. The premises are
identified by a diamond at the centre of the map. The following licensed premises are
also shown on the map and are licensed as stated:
Borough Off Licence and Mini Market - 151 Ground Floor Borough High Street,
London SE1 1HR
•
Sale by retail of alcohol to be consumed off premises
Monday to Saturday
08.00 to 23.00
Sunday
10.00 to 22.30
Nelsons Café - 168 Borough High Street, London, SE1 1LB
•
Sale by retail of alcohol to be consumed on premises
Monday to Saturday
11.00 to 00.00
Sunday
12.00 to 23.30
•
Late night refreshment - indoors
Monday to Saturday
23.00 to 00.30
Sunday
23.00 to 00.00
5
Hing Loong - 159 Borough High Street, London SE1 1HR
•
Sale by retail of alcohol to be consumed on premises
Monday to Saturday
10.00 to 23.00
Sunday
12.00 to 22.30
Aramak Ltd - 10-14 Union Street, Lonon SE1 1SZ
•
Opening hours.
Monday to Sunday
24 hours
•
Sale by retail of alcohol to be consumed off and on the premises.
Monday to Sunday
07.30 to 23.00
•
Recorded music – indoors:
Monday to Sunday
07.30 to 23.00
Belushis & St Christophers Village - 161-165 Borough High Street, London SE1
1HR
•
Sale by retail of alcohol to be consumed off and on the premises:
Sunday to Thursday
07.00 to 02.00
Friday & Saturday
07.00 to 03.00
•
Live music, recorded music, performance of dance, indoor sporting event,
films, entertainment similar to live/recorded music – indoors:
Sunday to Thursday
07.00 to 03.00
Friday & Saturday
07.00 to 04.00
•
Late night refreshment – indoors:
Sunday to Thursday
23.00 to 03.00
Friday & Saturday
23.00 to 04.00
Blue Eyed Maid - 173 Borough High Street, London SE1 1HR
•
Opening hours:
Monday to Saturday
Sunday
11.00 to 02.30
11.00 to 01.30
•
Sale by retail of alcohol to be consumed off and on the premises:
Monday to Saturday
11.00 to 02.00
Sunday
12.00 to 01.00
•
Entertainment similar to live/recorded music, performance of dance & live
music – indoors:
Monday to Saturday
11.00 to 02.00
Sunday
12.00 to 01.00
•
Late night refreshment – indoors:
Monday to Saturday
23.00 to 02.00
Sunday
23.00 to 01.00
6
Sainsbury's Local - 116-126 Borough High Street, London SE1 1LB
•
Opening hours:
Monday to Sunday - 24hrs
•
Sale by retail of alcohol to be consumed off premises
Monday to Sunday
06.00 to 00.00
•
Late night refreshment - indoors
Monday to Sunday
23.00 to 00.00
Southwark council statement of licensing policy
28.
29.
Council assembly approved the Southwark’s statement of licensing policy on 12
October 2011. Sections of the statement that are considered to be of particular
relevance to this application are:
•
Section 3 which sets out the purpose and scope of the policy and reinforces the
four licensing objectives.
•
Section 5 which sets out the council’s approach with regard to the imposition of
conditions including mandatory conditions to be attached to the licence.
•
Section 6 details other relevant council and government policies, strategies,
responsibilities and guidance, including the relevant articles under the Human
Rights Act 1998.
•
Section 7 provides general guidance on dealing with crime and disorder and
deals with licensing hours.
•
Section 8 provides general guidance on ensuring public safety including safe
capacities.
•
Section 9 provides general guidance on the prevention of nuisance.
•
Section 10 provides general guidance on the protection of children from harm.
The purpose of Southwark’s statement of licensing policy is to make clear to
applicants what considerations will be taken into account when determining
applications and should act as a guide to the sub-committee when considering the
applications. However, the sub-committee must always consider each application on
its own merits and allow exceptions to the normal policy where these are justified by
the circumstances of the application.
Resource implications
30.
No fee is payable in respect of an application for licence review.
Consultation
31.
Consultation has been carried out on this application in accordance with the
provisions of the Licensing Act 2003. Public notices were exhibited outside the
premises for a period of 10 days.
7
Community impact statement
32.
Each application is required by law to be considered upon its own individual merits
with all relevant matters taken into account.
SUPPLEMENTARY ADVICE FROM OTHER OFFICERS
Director of Legal Services
33.
The sub-committee is asked to determine, under Section 53C of the Licensing Act
2003, an application, made under Section 53A of the same act, for a review of
premises licence. At any stage, following the grant of a premises licence, a
responsible authority or an interested party may ask the licensing authority to review
the licence because of a matter arising at the premises in connection with any of the
four licensing objectives.
34.
The principles, which sub-committee members must apply, are set out below.
Principles for making the determination
35.
36.
The licensing authority must hold a hearing to consider an application for review of a
premises licence where:
•
The application is properly made in accordance with Section 53A of the Act.
•
The applicant has given notice in accordance with Section 53A of the Act.
•
The advertising requirements provided for under Section 53A of the Act are
satisfied.
•
The licensing authority has considered the ground(s) of review to be relevant to
the licensing objective for prevention of crime and disorder.
The four licensing objectives are:
•
•
•
•
37.
The prevention of crime and disorder.
The protection of public safety.
The prevention of nuisance.
The protection of children from harm.
Each objective must be considered to be of equal importance. The authority must,
having regard to the application and any relevant representations, take such of the
following steps as it considers necessary for the promotion of the licensing objectives.
The steps are to:
•
•
•
•
•
Modify the conditions of the licence by altering, omitting or adding any condition.
Exclude a licensable activity from the scope of the licence.
Remove the designated premises supervisor.
Suspend the licence for a period not exceeding three months.
Revoke the licence.
8
38.
For the purpose of determining a relevant representation under section 52 of the Act
a “relevant representation” means representations which:
•
•
•
•
Are relevant to one or more of the licensing objectives
Are made by the holder of the premises licence, a responsible authority or an
other person within the prescribed period
Have not been withdrawn
If made by an other person (who is not also a responsible authority), that they
are not, in the opinion of the relevant licensing authority frivolous or vexatious.
39.
Modifications of conditions and exclusions of licensable activities may be imposed
either permanently or for a temporary period of up to three months.
40.
The authority may decide that no action is necessary if it finds that the review does
not require it to take any steps necessary to promote the licensing objectives.
41.
In deciding what remedial action if any it should take, the authority must direct its
mind to the causes or concerns that the representations identify. The remedial action
should generally be directed at these causes and should always be no more than a
necessary and proportionate response.
42.
It is of particular importance that any detrimental financial impact that may result from
a licensing authority’s decision is necessary and proportionate to the promotion of the
licensing objectives in the circumstances that gave rise to the application for review.
Reasons
43.
Where the authority determines an application for review it must notify the
determination and reasons why for making it to:
•
•
•
•
The holder of the licence.
The applicant
Any person who made relevant representations
The chief officer of police for the area (or each police area) in which the
premises are situated.
Hearing procedures
44.
Subject to the licensing hearing regulations, the licensing committee may determine
its own procedures. Key elements of the regulations are that:
•
The hearing shall take the form of a discussion led by the authority. Cross
examination shall not be permitted unless the authority considered that it is
required for it to consider the representations.
•
Members of the authority are free to ask any question of any party or other
person appearing at the hearing.
•
The committee must allow the parties an equal maximum period of time in which
to exercise their rights to:
o
o
Address the authority
If given permission by the committee, question any other party
9
o
•
The committee shall disregard any information given by a party which is
not relevant:
o
o
45.
In response to a point which the authority has given notice it will require
clarification, give further information in support of their application.
To the particular application before the committee
To the licensing objectives.
•
The hearing shall be in public, although the committee may exclude the public
from all or part of a hearing where it considers that the public interest in doing so
outweighs the public interest in the hearing, or that part of the hearing, taking
place in private.
•
In considering any representations or notice made by a party the authority may
take into account documentary or other information produced by a party in
support of their application, representations or notice (as applicable) either
before the hearing or, with the consent of all the other parties, at the hearing.
This matter relates to the review of the premises licence under section 51 of the
Licensing Act 2003. Regulation 26(1) (a) requires the sub-committee to make its
determination at the conclusion of the hearing.
Council’s multiple roles and the role of the licensing sub-committee
46.
Sub-committee members will note that, in relation to this application, the council has
multiple roles. Council officers from various departments have been asked to consider
the application from the perspective of the council as authority responsible
respectively for environmental health, trading standards, health and safety and as the
planning authority.
47.
Members should note that the licensing sub-committee is meeting on this occasion
solely to perform the role of licensing authority. The sub-committee sits in quasijudicial capacity, and must act impartially. It must offer a fair and unbiased hearing of
the application. In this case, members should disregard the council’s broader policy
objectives and role as statutory authority in other contexts. Members must direct
themselves to making a determination solely based upon the licensing law, guidance
and the council’s statement of licensing policy.
48.
As a quasi-judicial body the licensing sub-committee is required to consider the
application on its merits. The sub-committee must take into account only relevant
factors, and ignore irrelevant factors. The decision must be based on evidence, that
is to say material, which tends logically to show the existence or non-existence of
relevant facts, or the likelihood or unlikelihood of the occurrence of some future event,
the occurrence of which would be relevant. The licensing sub-committee must give
fair consideration to the contentions of all persons entitled to make representations to
them.
49.
The licensing sub-committee is entitled to consider events outside of the premises if
they are relevant, i.e. are properly attributable to the premises being open. The
proprietors do not have to be personally responsible for the incidents for the same to
be relevant. However, if such events are not properly attributable to the premises
being open, then the evidence is not relevant and should be excluded. Guidance is
that the licensing authority will primarily focus on the direct impact of the activities
10
taking place at the licensed premises on members of the public, living, working or
engaged in normal activity in the area concerned.
50.
Members will be aware of the council’s code of conduct which requires them to
declare personal and prejudicial interests. The code applies to members when
considering licensing applications. In addition, as a quasi-judicial body, members are
required to avoid both actual bias, and the appearance of bias.
51.
The sub-committee can only consider matters within the application that have been
raised through representations from other persons and responsible authorities.
52.
Under the Human Rights Act 1998, the sub committee needs to consider the balance
between the rights of the applicant and those making representations to the
application when making their decision. The sub-committee has a duty under section
17 Crime and Disorder Act 1998 when making its decision to do all it can to prevent
crime and disorder in the borough.
53.
Other persons, responsible authorities and the applicant have the right to appeal the
decision of the sub-committee to the magistrates’ court within a period of 21 days
beginning with the day on which the applicant was notified by the licensing authority
of the decision to be appealed against.
Guidance
54.
Members are required to have regard to the DCMS guidance in carrying out the
functions of licensing authority. However, guidance does not cover every possible
situation, so long as the guidance has been properly and carefully understood,
members may depart from it if they have reason to do so. Full reasons must be given
if this is the case.
Strategic Director of Finance and Corporate Services
55.
The head of community safety and enforcement has confirmed that the costs of this
process are borne by the service.
BACKGROUND DOCUMENTS
Background papers
Held at
Licensing Act 2003
Southwark Licensing,
DCMS Guidance to the Act
C/O Community Safety
Secondary Regulations
& Enforcement, 160
Southwark Statement of Licensing Tooley Street,
Policy
London SE1
Case file
Contact
Name: Kirty Read
Phone number:
020 7525 5748
11
APPENDICES
No.
Appendix A
Appendix B
Appendix C
Appendix D
Appendix E
Appendix F
Appendix G
Appendix H
Title
Copy of the review application and certificate (see closed agenda)
Copy of the premises licence
Notice of decision for interim steps hearing
Notice of decision following representations against interim steps
Representations from other persons
Representations from Health & Safety
Warning letter following inspection
Map of local area
AUDIT TRAIL
Lead Officer Deborah Collins, Strategic Director of Environment
Report Author Mark Orton, Licensing Officer
Version Final
Dated 15 April 2015
Key Decision? No
CONSULTATION WITH OTHER OFFICERS / DIRECTORATES / CABINET
MEMBER
Officer Title
Comments sought Comments included
Director of Legal Services
Yes
Yes
Strategic Director of Finance and
Yes
Yes
Corporate Services
Cabinet Member
No
No
Date final report sent to Constitutional Team
15 April 2015
12
APPENDIX B
Environmental Health & Trading Standards
Licensing Unit
Hub 2, 3rd Floor
PO Box 64529
London, SE1P 5LX
843332
Premises licence number
Part 1 - Premises details
Postal address of premises, or if none, ordnance survey map reference or description
ROXY BAR AND SCREEN
GROUND FLOOR AND BASEMENT
128 Borough High Street
Maple House
London
SE1 1LB
Ordnance survey map reference (if applicable),
179924532486
Post town
London
Telephone number
020 7407 4057
Where the licence is time limited the dates
Licensable activities authorised by the licence
Films - Indoors
Live Music - Indoors
Recorded Music - Indoors
Facilities for Making Music - Indoors
Late Night Refreshment - Indoors
Sale by retail of alcohol to be consumed on premises
Sale by retail of alcohol to be consumed off premises
The opening hours of the premises
For any non standard timings see Annex 2
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Sunday
10:00 - 01:30
10:00 - 01:30
10:00 - 01:30
10:00 - 01:30
10:00 - 02:00
10:00 - 03:00
10:00 - 01:30
Page 1 of 11
Post code
SE1 1LB
13
Where the licence authorises supplies of alcohol whether these are on and/ or off supplies
Sale by retail of alcohol to be consumed on premises
Sale by retail of alcohol to be consumed off premises
The times the licence authorises the carrying out of licensable activities
For any non standard timings see Annex 2 of the full premises licence
Films - Indoors
Monday
10:00 - 01:00
Tuesday
10:00 - 01:00
Wednesday
10:00 - 01:00
Thursday
10:00 - 01:00
Friday
10:00 - 01:30
Saturday
10:00 - 02:30
Sunday
10:00 - 01:00
Live Music - Indoors
Monday
10:00 - 01:00
Tuesday
10:00 - 01:00
Wednesday
10:00 - 01:00
Thursday
10:00 - 01:00
Friday
10:00 - 01:30
Saturday
10:00 - 02:30
Sunday
10:00 - 01:00
Recorded Music - Indoors
Monday
10:00 - 01:00
Tuesday
10:00 - 01:00
Wednesday
10:00 - 01:00
Thursday
10:00 - 01:00
Friday
10:00 - 01:30
Saturday
10:00 - 02:30
Sunday
10:00 - 01:00
Facilities for Making Music - Indoors
Monday
10:00 - 01:00
Tuesday
10:00 - 01:00
Wednesday
10:00 - 01:00
Thursday
10:00 - 01:00
Friday
10:00 - 01:30
Saturday
10:00 - 02:30
Sunday
10:00 - 01:00
Late Night Refreshment - Indoors
Monday
23:00 - 01:00
Tuesday
23:00 - 01:00
Wednesday
23:00 - 01:00
Thursday
23:00 - 01:00
Friday
23:00 - 01:30
Saturday
23:00 - 02:30
Sunday
23:00 - 01:00
Page 2 of 11
14
Sale by retail of alcohol to be consumed on premises
Monday
10:00 - 01:00
Tuesday
10:00 - 01:00
Wednesday
10:00 - 01:00
Thursday
10:00 - 01:00
Friday
10:00 - 01:30
Saturday
10:00 - 02:30
Sunday
10:00 - 01:00
Sale by retail of alcohol to be consumed off premises
Monday
10:00 - 01:00
Tuesday
10:00 - 01:00
Wednesday
10:00 - 01:00
Thursday
10:00 - 01:00
Friday
10:00 - 01:30
Saturday
10:00 - 02:30
Sunday
10:00 - 01:00
Page 3 of 11
15
Part 2
Name, (registered) address, telephone number and email (where relevant) of holder of premises
licence
Shumi Begum
26 Kimpton Road
London
SE5 7AU
[email protected]
Registered number of holder, for example company number, charity number (where applicable)
Name, address and telephone number of designated premises supervisor where the premises
licence authorises for the supply of alcohol
Shumi Begum
26 Kimpton Road
London
SE5 7AU
Personal licence number and issuing authority of personal licence held by designated premises
supervisor where the premises licence authorises for the supply of alcohol
Licence No. 842968
Authority L B Southwark
Licence Issue date 15/11/2013
Community Safety Enforcement
Business Unit Manger
Hub 2, 3rd Floor
PO Box 64529
London, SE1P 5LX
020 7525 5748
[email protected]
Page 4 of 11
16
Annex 1 - Mandatory conditions
100 No supply of alcohol may be made under the Premises Licence a.At a time when there is no Designated Premises Supervisor in respect of the Premises Licence; or
b.At a time when the Designated Premises Supervisor does not hold a Personal Licence or h is Personal
Licence is suspended.
101 Every supply of alcohol under the Premises Licence must be made, or authorised by, a person who
holds a Personal Licence.
102 The admission of children to films given under this licence must be restricted in accordance with the
recommendations of the British Board of Film Classification or of the licensing authority itself.
107 Any individual carrying out security activities at the premises must be licensed by the Security Industry
Authority. This does not apply where the premises are being used primarily as a Qualifying Club under a
Club Premises Certificate, under a Temporary Event Notice, or primarily as a cinema, restaurant or theatre
485 (1) The responsible person shall take all reasonable steps to ensure that staff on relevant premises do
not carry out, arrange or participate in any irresponsible promotions in relation to the premises.
(2) In this paragraph, an irresponsible promotion means any one or more of the following activities, or
substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for
consumption on the premises in a manner which carries a significant risk of leading or contributing to crime
and disorder, prejudice to public safety, public nuisance, or harm to children
(a) games or other activities which require or encourage, or are designed to require, encourage, individuals
to
(i) drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises
before the cessation of the period in which the responsible person is authorised to sell or supply alcohol), or
(ii) drink as much alcohol as possible (whether within a time limit or otherwise);
(b) provision of unlimited or unspecified quantities of alcohol free or for a fixed or discounted fee to the public
or to a group defined by a particular characteristic (other than any promotion or discount available to an
individual in respect of alcohol for consumption at a table meal, as defined in section 159 of the Act);
(c) provision of free or discounted alcohol or any other thing as a prize to encourage or reward the purchase
and consumption of alcohol over a period of 24 hours or less;
(d) provision of free or discounted alcohol in relation tot he viewing on the premises of a sporting event,
where that provision is dependent on(i) the outcome of a race, competition or other event or process; or
(ii) the likelihood of anything occurring or not occurring;
(e) selling or supplying alcohol in association with promotional posters or flyers on, or in the vicinity of, the
premises which can reasonably be considered to condone, encourage or glamorise anti-social behaviour or
to refer to the effects of drunkenness in any favourable manner.
486 The responsible person shall ensure that no alcohol is dispensed directly by one person into the mouth
Page 5 of 11
17
of another (other than where that person is unable to drink without assistance by reason of a disability).
487 The responsible person shall ensure that free tap water is provided on request to customers where it is
reasonably available.
488 (1) The premises licence holder or club premises certificate holder shall ensure that an age verification
policy applies to the premises in relation to the sale or supply of alcohol.
(2) The policy must require individuals who appear to the responsible person to be under 18 years of age (or
such older age as may be specified in the policy) to produce on request, before being served alcohol,
identification bearing their photograph, date of birth and a holographic mark.
489 The responsible person shall ensure that (a) Where any of the following alcoholic drinks is sold or supplied for consumption on the premises (other
than alcoholic drinks sold or supplied having been made up in advance ready for sale or supply in a securely
closed container) it is available to customers in the following measures (i) Beer or cider: ½ pint;
(ii) Gin, rum, vodka or whisky: 25 ml or 35 ml; and
(iii) Still wine in a glass: 125 ml; and
(b) Customers are made aware of the availability of these measures
Page 6 of 11
18
Annex 2 - Conditions consistent with the operating Schedule
112 This licence allows for the premises to remain open an hour for non standard timings as stated on the
days below.
Christmas Eve
Christmas Day
Good Friday
Easter Saturday
Easter Sunday
St Georges Day
St Patrick's Day
New Year's Eve
113 This licence allows for the premises to remain open an hour for the sale or supply of alcohol for non
standard timings as stated below on the following days:
Christmas Eve
Christmas Day
Good Friday
Easter Saturday
Easter Sunday
St Georges Day
St Patrick's Day
New Year's Eve
114 This licence allows for the premises to extend an hour for the following licensable activities for non
standard timings as stated below on the following days: Provision of regulated entertainment: Films, Live
Music, Recorded Music, Performances of Dance, Provision for making music
Christmas Eve
Christmas Day
Good Friday
Easter Saturday
Easter Sunday
St Georges Day
St Patrick's Day
New Year's Eve
115 This licence allows for the premises for the provision of late night refreshment an hour for non standard
timings stated below on the following days:
Christmas Eve
Christmas Day
Good Friday
Page 7 of 11
19
Easter Saturday
Easter Sunday
St Georges Day
St Patrick's Day
New Year's Eve
163 The emergency door at the rear to remain closed allowing for emergency egress only, whilst
entertainment is provided
170 That arrangements will be put into place for the storage and disposal of trade refuse.
173a.Toilet accommodation shall be provided free of charge and be kept clean and in proper working order.
b.An adequate supply of hot and cold (or warm) water, toilet paper in holders or dispensers, soap and
suitable hand and face drying facilities shall be provided in toilet accommodation.
239a.The licensee shall ensure that no noise shall emanate from the licensed premises or vibration be
transmitted through the structure of the licensed premises which gives rise to a nuisance to the occupiers of
premises in the vicinity of the licensed premises.
b.Without prejudice to the generality of this condition the licensee shall ensure that no form of loudspeaker
or sound amplification equipment is cited on or near the exterior of the licensed premises or in or near any
foyer, doorway, window or open ing to those premises.
256a.Where an automatic/manual fire alarm system has been installed and approved by the Council it shall
be efficiently maintained in satisfactory working order. The system shall be maintained and serviced in
accordance with B.S. 5839 and tested regularly in accordance with rules imposed by the Council. All
checks, tests and defects shall be recorded in a log book.
b.All testing of automatic/manual fire alarm systems shall be at the
expense of the licensee.
288 Signs shall be installed informing customers that CCTV cameras are operating on premises.
An extra CCTV camera shall be installed to the exterior/front of the premises.
289 That recordings taken by the CCTV system installed upon the premises shall be kept and made
available for inspection by authorised officers for a period of twenty-eight days
290 SIA registered door supervisors shall be provided till one half hour after closing to minimise the impact
of customers arriving and/or departing as follows
? Sunday to Thursday - one supervisor from 2000
? Friday - two supervisors from 1800
? Saturday - two supervisors from 2000
293 All bar staff shall be trained in the prevention of crime and disorder and a record of the dates and names
of the staff trained kept.
308 That there shall be no new admission, or re-admision, of the public to the premises after Midnight every
day of the week.
309 That the premises shall be acoustically attenuated to prevent escape of noise through a sound cut out
Page 8 of 11
20
device. The cut-out device shall be maintained at levels set to the satisfaction of the Council's Noise Team
311 That notices shall be displayed and announcements made requesting that customers leave the
premises in a quiet and orderly manner
316 No deliveries/removal of goods shall take place between the hours of 2300 hours and 0700 hours of the
next day.
323 Regular perimeter checks shall be carried out by a responsible person, this person must address any
noise outbreak or noisy patrons. A record of when the checks take place must be kept and made readily
available for inspection by council officers or the police
327 That signs shall be displayed informing customers and staff that sales of alcohol will not be made to
under 18s and that age identification will be required
334 That an age identification scheme shall be established and maintained. The scheme shall Require the
production of evidence of age (comprising any PASS accredited card or passport or driving licence) from
any person appearing to staff enagaged in selling o r supplying alcohol to be under the age of 18 and who is
attempting to buy alcohol
340 To participate in pubwatch or similar event where available
341 There shall be no adult entertainment or services, activities, other entertainment or matters ancillary to
the use of the premises that may give rise to concern in respect of children
342 Bottles of any other glass vessels shall not be deposited in to a waste receptacle between the hours of
2100 hours and 0800 hours the following day
343 Half hourly checks shall be conducted around the outside of the premises after 2300 hours
344 That only bottles of wine will be sold for taking off the premises
345 That glass bottles will be sold in wine bags to prevent breakages
346 That wine for off sales will only be sold closed. No open bottles to be taken off premises
347 That minimum pricing levels will apply so as not to encourage street drinking
Page 9 of 11
21
Annex 3 - Conditions attached after a hearing by the licensing authority
800 Female SIA registered door supervisors shall be employed as part of the security team.
Page 10 of 11
22
Annex 4 - Plans - Attached
Licence No.
843332
Plan No.
024 A103 R5
Plan Date
15 Nov 2005
Page 11 of 11
23
APPENDIX C
NOTICE OF DECISION
LICENSING SUB-COMMITTEE – 1 APRIL 2015
LICENSING ACT 2003: SECTION 53A: THE ROXY, 128-132 BOROUGH HIGH STREET, LONDON SE1
1LB
1.
Decision
That the licence be suspended as an interim step to promote the licensing objectives and the
review application will take place on 27 April 2015.
2.
Reasons
This was a hearing to consider if it is appropriate to take interim steps to promote the licensing
objectives upon receipt of an application by the Metropolitan Police for an expedited summary
review of the premises under Section 53A of the Licensing Act 2003. On 30 March 2015 a
Superintendent for the Metropolitan Police certified that in their opinion the premises were
associated with serious crime and serious disorder and instigated the Section 53A summary
licence review process.
The licensing sub-committee have considered the application made by the Metropolitan Police
Service who informed the sub-committee that on 29 March 2015 at approximately 03.30, a fight
broke out inside the premises, which quickly escalated into large scale disorder outside the
premises involving approximately 50 people. The police advised that the closing time of the
premises, under its licence is 03.00 and licensing activities must cease at 02.30. Condition 308
provides that there should be no admission or readmission of the public to the premises after
midnight every day of the week. As a result of the disorder nine people were stabbed and a
number of them were arrested. The incident was so serious that officers from other boroughs
around London were drafted in to restore order. 45 police officers attended in total and Borough
High Street was closed for approximately 12 hours.
The officer also gave evidence of other incidents of violence and breaches of the licence that had
taken place over the past six months including six incidents of serious violence.
The licensing sub-committee have also considered evidence submitted by the premises licence
holder’s representative who advised the sub-committee that he had had been informed by the
premises licence holder that on 29 March 2015 there was a private party taking place at the
premises and that all guests had been on a guest list and the premises were closed. The premises
has a filming/screening room and operates a cabaret and restaurant format. The representative
informed the sub-committee that a number of celebrities were scheduled to hold events at the
premises in the coming weeks. In view of this, the representative invited the sub-committee to
modify the conditions of the licence to allow film, cabaret and alcohol to be served with a meal until
midnight each day.
From the evidence before it, the sub-committee were of the view that the incidents were extremely
serious. Evidence has been obtained by the police confirming that the premises were open to the
public beyond the terminal hour.
NOTICE OF DECISION – LICENSING SUB-COMMITTEE 1 APRIL 2015
24
The sub-committee felt that the incident was extremely serious and that it would not have occurred
had the venue closed on time and had not been in breach of its licence. The premises have had a
number of violent incidents occur over the previous six months when the premises should have
been closed. There have been three incidents of serious violence resulting in grievous bodily harm
during this time.
The premises licence holder has been associated with another premises in the vicinity which has
also been subject to review, brought against them for crime and disorder. When asked by the subcommittee for an assurance as to how she could comply with any proposed modifications of the
licence, the premises licence holder was unable to provide any confident answer to satisfy the
members’ concerns. In all the circumstances, the licensing sub-committee are of the view that
there is no alternative to the suspension of the licence in order to ensure the safety of the general
public.
In reaching this decision the sub committee had regard to all the relevant considerations and the
four licensing objectives and considered that its decision was appropriate and proportionate in
order to address the licensing objectives.
3.
Appeal rights
There is no right of appeal to a magistrates’ court against the licensing authority’s decision at this
stage.
The premises licence holder may make representation against any interim steps imposed and a
hearing to consider the representation will be held within 48 hours of receipt of the representation.
Any representation should be in writing and cannot be received outside of normal office hours.
Issued by the Constitutional Team on behalf of the Director of Legal Services
Date: 1 April 2015
NOTICE OF DECISION – LICENSING SUB-COMMITTEE 1 APRIL 2015
25
APPENDIX D
NOTICE OF DECISION
LICENSING SUB-COMMITTEE – 9 APRIL 2015
LICENSING ACT 2003: THE ROXY, 128-132 BOROUGH HIGH STREET, LONDON SE1 1LB
REPRESENTATIONS AGAINST INTERIM STEPS
1.
Decision
The council’s licensing sub-committee, having had regard to the representations by the
representatives of The Roxy, 128-132 Borough High Street, London SE1 1LB, against interim
steps imposed at the expedited review on 1 April 2015 has agreed to vary the interim steps
as follows:
That the licence be modified with the following conditions:
1.
That the opening hours of the premises be:
•
2.
That the licensable activities be:
•
•
2
Monday to Sunday 10.00 to 23.00
Films - Monday to Sunday 14.00 to 22.00
Sale of alcohol - Monday to Sunday 17.00 to 22.00 BUT only as ancillary to a table
meal to persons attending and viewing a film show.
3.
That Shumi Begum, Robert Hickson and Sheik Manun Uddin shall not enter the premises
once licensable activities are taking place.
4.
That SIA door staff shall monitor the entrance of the premises from 14.00 to 23.30.
5.
That the premises shall close and be vacated by patrons by 23.00.
Reasons
This was a hearing to consider representations from the representatives of The Roxy against
the interim steps imposed at the expedited review on 1 April 2015.
The licensing sub-committee heard from the representatives of The Roxy who advised that
they had agreed conditions with the police to a limited operation of the premises licence as
detailed in the conditions above. The sub-committee noted that a new manager would be put
in place to run the premises.
The Metropolitan Police Service representative confirmed this.
The licensing sub-committee were satisfied that the proposed conditions were appropriate
and proportionate in order to address the licensing objectives.
NOTICE OF DECISION - LICENSING SUB-COMMITTEE 9 APRIL 2015
26
3
Appeal rights
There is no right of appeal to a magistrates’ court against the licensing authority’s decision at
this stage.
The premises licence holder may make representation against any interim steps imposed and
a hearing to consider the representation will be held within 48 hours of receipt of the
representation.
Any representation should be in writing and cannot be received outside of normal office
hours.
Issued by the Constitutional Team on behalf of the Director of Legal Services
Date: 9 April 2015
NOTICE OF DECISION - LICENSING SUB-COMMITTEE 9 APRIL 2015
PARTY 1
27
APPENDIX E
28
PARTY 2
From:
To:
Subject:
Date:
Attachments:
Regen, Licensing
FW: Roxy Bar and Screen
14 April 2015 14:22:35
From:
[mailto:
@gmail.com]
Sent: Tuesday, April 14, 2015 12:31 PM
To: Regen, Licensing;
Cc:
Subject: Fwd: Roxy Bar and Screen
Dear Madam, Sir,
Please find attached the signed letter concerning the request for licence refusal - Roxy Bar
& Screen.
As you can see a number of local residents now feel very insecure from the recent
incidents including the Metropolitan Police closing the Street for forensic investigation
after the incident kicked off.
Regards
128-132 Borough High Street.
-------- Forwarded message -------From:
To: [email protected] <[email protected]>
Cc:
Date: Wednesday, 08 April 2015, 00:49PM +01:00
Subject: Roxy Bar and Screen Licence Review/ signed copy of letter of 6 April
Maple Building
128 -12 Borough High Street
London SE1 1LB
6 April 2015
To the Licensing Committee
We are writing in response to the public notice regarding the review of the licence to
Roxy Bar,called for by the Metropolitan Police.
we strongly oppose the continuation of
the license to the present owners and management of this business. They have a poor
track record in their management of the Blue Eyed Maid.
Residents in the flats to the front of the Maple Building have long even disturbed the
rowdy behaviour and violent spats which regulary emanate from the Blue eyed Maid in
the early hours.
We understand they have recently had a suspension of licence on a account of a violent
incident.
Transferring that management and clientele to the Roxy Bar ,with its increased capacity
has been a melting pot for the violence and antisocial behaviour to escalate,culminating
in the events of 29th March.
The violence and anti social behaviour of 29th were clearly fuelled by excessive drinking.
29
30
PARTY 3
From:
To:
Cc:
Subject:
Date:
Regen, Licensing
Orton, Mark
FW: Roxy"s Bar and Screen (Borough High Street)
13 April 2015 14:32:27
From:
@hotmail.com]
Sent: Sunday, April 12, 2015 8:23 PM
To:
Cc: Regen, Licensing
Subject: Roxy's Bar and Screen (Borough High Street)
Dear
I understand there is a review of Roxy’s license. As a resident of Great Dover Street (SE1
4LB), I wanted to offer a contribution to any review, in case it is relevant or helpful.
Roxy’s is a two minute walk from my flat on Great Dover Street. I have lived in the area
for ten years and owned my flat there for eight years. I have seen the area grow and
change into a vibrant place, and one that I am very proud to call home. There are a
number of bars and restaurants in the area, and I welcome the generally lively and social
atmosphere. Of course, there may be trouble on the odd occasion from time to time but
all in all it has been a lovely trend of growth in the area. The Shard, the new flat
developments, and the revamped market are credits to the area.
However, I think Roxy’s bar, and the recent changes since the change in management
there, are a complete exception to the positive trend in the area. I used to visit the bar
often and have stopped all together in the last six months mainly because of a noticeable
deterioration in service at the bar (and in fact the last time I went, there were people
having sex in the toilet!). However, I still have to walk past the bar every day at least once, on my way back from
work, and I have to say, I now cross the road so that I do not have to walk directly past
the bar. The crowds outside appear quite menacing and intimidating. As someone in
her late thirties who is used to living in the city, I do not say something like that lightly - I
am fully aware of life living in a large city. However, Roxy’s is on a different level now to
the rest of the street and I do not feel at all safe walking past the bar at night. It has
turned into a horrible, horrible feature on the High Street, which is a real pity given the
general ambiance of the rest of the street, the area, and the residents. I understand
there were recent stabbings outside the bar. Whilst this is shocking indeed, I sadly am
not surprised given the noticeable changes with the bar since the change in
management. I do hope some action can be taken soon to prevent anything else like
this happening, and to make residents feel safe walking on that stretch of the High
Street.
31
Thank you
Great Dover Street, London
Sent from Windows Mail
PARTY 4
32
33
PARTY 5
From:
To:
Cc:
Subject:
Date:
Importance:
Regen, Licensing
Orton, Mark
FW: Roxy"s Bar and Screen
08 April 2015 08:46:10
High
From:
[email protected]]
Sent: Tuesday, April 07, 2015 6:18 PM
To: Regen, Licensing
Cc:
Subject: Roxy's Bar and Screen
Importance: High
I am owner and resident of
in Maple Building, 128 Borough High Street, and I am writing in
response to the public notice about Southwark Council reviewing Roxy’s Bar and Screen licence
at the request of the Metropolitan Police. I have lived in the flat for over 7 years, on the
floor of the building, above Roxy Bar &
Screen, facing Borough High Street and the Blue Eyed Maid (BEM). During these years, scenes of
violence, blood stains on the street, and the frequent sound of police cars outside BEM on many
weekends has been an unfortunate constant in my life. The noise from the karaoke at the Blue
Eyed Maid until early morning hours even on weeknights has also been a constant source of
frustration. I have complained before to the council about this. However, the scenes I witnessed from my window in the early hours of the 29th of March
beggared belief. I was awoken by sounds of screaming and car horns at about 3-3.30am that
were louder than I've heard before. I looked out of my windows, and saw tens of people running
around the street with glass bottles, screaming, shouting, and blocking cars from passing.
Scenes of extreme anger and violence were taking place at a scale I haven't seen before, right
outside my doorstep. The next day I of course found out that there were 9 stabbings during this
incident.
This is the most extreme violent incident that has happened in my experience. Since the owners
of BEM took over Roxy's, I have witnessed the change of crowds visiting Roxy. There are often
scenes of large, loud, drunken crowds that feel menacing, and on numerous occasions I have felt
unsafe coming into my building at night. Following this latest incident on 29 March I now feel
extremely unsafe. The scenes I saw outside of my window on 29 March should not occur
anywhere in the UK, let alone on Borough High Street.
I feel that the Blue Eyed Maid and Roxy Bar and Screen under their current ownership and
management, make my neighbourhood unsafe - they attract crowds that engage in crime and
violence, not to mention cause noise and nuisance.
I therefore have no confidence in the current management’s interest or ability to prevent further
crime or nuisance. I support the management of both venues being refused a licence.
Please do not hesitate to contact me should you have any questions or require any further
information.
34
Yours sincerely
Maple Building
35
PARTY 6
From:
To:
Cc:
Subject:
Date:
Regen, Licensing
Orton, Mark
FW: The Roxy Cinema - Licence No 843332
07 April 2015 08:52:47
From:
@gmail.com]
Sent: Monday, April 06, 2015 6:35 PM
To: Regen, Licensing
Subject: The Roxy Cinema - Licence No 843332
Dear Southwark Licencing,
Roxy Licence Review - Representations
Following an incident at the Roxy on Saturday 28th March, I understand that the Roxy's
premises licence is being reviewed. Please accept this email as representations made on
behalf of my wife and me.
Since we moved into Bridgegate House in July 2012, we have been disturbed by noise
from the Roxy on a regular basis. We would therefore object to the continuation of the
Roxy's licence on the same terms on the grounds of the prevention of public nuisance. We
have been disturbed by music from the venue, the sound of the bottle bins, and people
gathered in the back yard of the venue.
Music
The music is worst over the weekend, and particularly bad on a Saturday night. Although
the current licence contains various conditions relating to sound escaping from the venue,
they are either not being complied with or insufficient to prevent music from the venue
being heard in our flat even with the windows closed. The noise is particularly bad over
the summer when we have had to choose between not sleeping because it is too hot or
having the windows open and being disturbed by music and other noise from the Roxy.
Following a particularly loud night, Robert (the manager) gave me his mobile number and
I have had to contact him several times about music from the Roxy. When I have
contacted him, Robert has always been pleasant and responsive and tried to help.
However, he seems to be unable to control his staff sufficiently to ensure that the music is
kept at an acceptable level.
We would therefore ask that the Roxy is not licensed to play live or recorded music past
23:00 on Sunday to Thursday night. If we are kept awake late on a week night it makes us
less able to work effectively the following day. We understand that the position on Friday
and Saturday nights is different, with stronger arguments for a late licence. However, this
also when the nuisance is the greatest. Our preference would be for the same to apply on
those nights, at least until they are able to show that they can play music responsibly.
Should the Council be minded to grant the Roxy a license to play music after 23:00 on
Friday and Saturday nights, we would ask that this is accompanied by stricter conditions
about noise escaping from the venue. We would also ask that the very latest the licence is
granted to is 01:00 to limit the potential disruption to neighbours. Finally, we would ask
that consideration is given to either stricter conditions or reduced hours in the summer
36
37
PARTY 7
From:
To:
Date:
Orton, Mark
Ashenden, Kristie
14 April 2015 16:29:32
From:
@hotmail.com]
Sent: 01 April 2015 14:20
To: Regen, Licensing
Subject: RE ROXY BAR BOROUGH HIGH STREET SE1
Dear Sirs,
Due to continuous distubances at night due to rowdy, noisy and most
disturbing violent occurrences on our doorstep.
We would like to object in the strongest terms possible to this Bar
having a liquor licence.
your truly
Maple Building SE11LB
38
APPENDIX F
MEMO: Licensing Unit
To
st
Licensing (MO)
Date
1 April 2015
From
Farhad Chowdhury
Telephone
020 7525 0398
Email
[email protected]
Copies
Fax
020 7525 5705
Subject The Roxy , 128-132 Borough High Street, London SE1 1LB
I write in reference to an application made by Metropolitan Police for an expedited review
of the Premises Licence in respect of The Roxy 128-132 Borough High Street London SE1 1LB.
Made under Section 53a of the Licensing Act 2003 (premises associated with serious crime or
serious disorder).
I would make the following comments in support of the Police review.
•
There is no suitable and sufficient health and safety risk assessments available.
•
There is no noise risk assessments available under “The Noise at Work Regulations
2005”. There is no arrangements in place to protect employees from noise induced
hearing loss from exposure to amplified loud music.
•
No suitable and sufficient violence at work risk assessments have been carried out,
there has been a number of violent incidents associated with this premises the licensee
needs to explain how they will deal with violence within the premises.
•
Licensee needs to explain what are the arrangements to deal with emergencies, and
detail the steps that will be taken to evacuate the premises in case of emergency.
•
The licensee needs to explain the maximum accommodation limit for the premises.
Submit a full scale drawing of the premises to explain their maximum capacity figure.
•
An NICEIC approved electrical engineers report needs to be provided to this
Department and any works recommended by the electrician needs to be carried out.
•
Explain how the licensee will deal with crowd control, and limiting capacity.
•
Suitable and sufficient ventilation needs to be provided in the premises.
Licensing Unit - Environment & Leisure, Hub 2, 3rd Floor, PO Box 64529, London SE1P 5LX
Switchboard - 020 7525 5000 Website - www.southwark.gov.uk
Strategic Director of Environment & Leisure - Gill Davies
Register to vote. Complete the forms delivered to your home. Information: 020 7525 7373
39
•
Emergency lighting needs to be provided in all parts of the premises and a certificate of
testing needs to be provided.
•
Suitable and sufficient sanitary conveniences shall be provided with washing facilities
and hot and cold running water.
•
Fire Extinguishers have not been inspected by a competent person for over 12 months,
they need to be tested and a certificate of test produced.
•
th
A licensing officer inspected the premises on 6 March 2015, and found emergency
exits obstructed and some were locked. All emergency exits should be kept unlocked
and all access and egress should be kept clear at all times.
•
There were broken floor tiles in the WC which presents a risk of slips, trips and falls.
All parts of the premises needs to be maintained in an efficient state and efficient
working order and good repair.
In my opinion Ms Shumi Begum is not fit and proper persons to hold a premises licence, the
premises have repeatedly opened passed their allowed hours. I therefore fully support the
Police Review of the premises licence.
Farhad Chowdhury
Principal Enforcement Officer
Licensing Unit - Environment & Leisure, Hub 2, 3rd Floor, PO Box 64529, London SE1P 5LX
Switchboard - 020 7525 5000 Website - www.southwark.gov.uk
Strategic Director of Environment & Leisure - Gill Davies
Register to vote. Complete the forms delivered to your home. Information: 020 7525 7373
40
APPENDIX G
Shumi Begum
26 Kimpton Road
London
SE5 7AU
Licensing Unit
Direct Line: 020 7525 5779
Direct Fax: 020 7525 5705
Our ref: INU 071151
10 March 2015
Dear Shumi Begum
RE: THE LICENSING ACT 2003 – WARNING LETTER
(Roxy Bar & Screen, Basement And Ground Floor, 128-132 Borough High
Street, London, SE1 1LB)
On 6 March 2015 at 21:05 hours licensing enforcement officers carried out an
inspection to determine whether the licensable activities at the above premises
were carried out in accordance with the premises licence issued in respect of the
premises.
In addition to the above the officers also considered ‘risk assessment’ criteria that
would help determine the frequency of future inspections to the premises.
During the inspection the officers witnessed the following:
1. The Premises Licence Summary (or certified copy) was not on displayed and / or
the Premises Licence (or certified copy) was not kept at the premises. This is in
breach of Sections 57(2) & (3) of the Licensing Act 2003.
If you have lost or damaged your Premises Licence you can order a new one by
writing to the Licensing Unit at the address given below, and including a cheque
(made payable to the London Borough of Southwark) or postal order for £10.50.
If you have your Premises Licence and Premises Licence Summary (or certified
copies) please ensure that you display all pages of the summary (or certified copy)
in a prominent area at the premises as soon as possible, and that the Premises
Licence (or certified copy) is kept at the premises to be made available to
authorised officers should they request to see it.
2. A statutory noise nuisance was witnessed arising from the premises on 1 March
2015. This constitutes a breach of condition 239 of the premises licence. Condition
239 requires that no noise shall emanate from the premises which gives rise to
nuisance.
Licensing Unit - Environment & Housing, Hub 2, Floor 3, 160 Tooley Street, London, SE1 2QH
Switchboard - 020 7525 5000 Website - www.southwark.gov.uk
Strategic Director Environment & Housing - Deborah Collins
Register to vote. Complete the forms delivered to your home. Information: 020 7525 7373
41
3. The fire alarm was last inspected on 24 December 2013. This is a breach of
condition 256 of the licence which requires annual testing of the fire alarm system
installed at the premises. It is advised that in addition to the annual inspection,
management at the premises undertake weekly bell tests and record the details of
the test (e.g. time, date, person undertaking the test, result) in a log (written or
electronic).
4. The CCTV system footage was only available to 17 February 2015 (an 18 day
archive). This is a breach of condition 289 which requires that recordings are kept
for 28 days. Please ensure that there is always at least one member of staff
available at the premises who is fully conversant with the CCTV system when the
premises are in operation.
5. There was no record or evidence of staff training in regards to the prevention of
crime and disorder at the premises. This is a breach of condition 293.
6. It was not possible to ascertain if a sound cut out / limitation system is in place at
the premises as required by condition 309. If possible please provide evidence that
a sound cut out / limitation system is in place at the premises, and any details as to
calibration of the sound cut out / limitation system in conjunction with the council’s
Environmental Protection Team.
Each of the matters listed above potentially constitutes a breach of the licence
issued by the Council under the Licensing Act 2003.
In addition to the above the following matters were also noted which require your
urgent attention:
7. The fire extinguishers at the premises had not been inspected by a qualified
person for over 12 months. It is recommended that fire extinguishers are inspected
at least once annually by a person qualified to do so to ensure that they are in full
working order. If new fire extinguishers are installed at the premises please keep
the receipt for the fire extinguishers to show that they are less than 12 months old.
It is recommended that if possible, fire extinguishers are wall mounted in easily
accessible unobstructed locations and that information plaques as to the use of the
fire extinguishers are displayed next to the fire extinguishers.
All staff who work at the premises in any capacity should be made aware of where
the fire extinguishers are located. Any empty or broken extinguishers should be
removed from the premises.
8. One or more emergency escape route and / or emergency exit at the premises
was obstructed. Please ensure that all emergency escape routes and / or
emergency exits are maintained free from obstruction at all times.
One or more emergency exit at the premises was locked. Please ensure that all
emergency exits are maintained unlocked at all times at all times that the premises
are in operation.
Licensing Unit - Environment & Housing, Hub 2, Floor 3, 160 Tooley Street, London, SE1 2QH
Switchboard - 020 7525 5000 Website - www.southwark.gov.uk
Strategic Director Environment & Housing - Deborah Collins
Register to vote. Complete the forms delivered to your home. Information: 020 7525 7373
42
9. It is recommended that a licensed premises’ electrical installation is inspected
periodically by a qualified electrical engineer (member of NICEIC, IET or similar)
and an Electrical Installation Periodic Test Certificate issued. Any remedial work
stated in the certificate should be carried out as soon as possible. The interval
between inspections should be specified by the engineer in the test certificate.
10. It is recommended that a licensed premises’ emergency lighting system is
inspected annually by a qualified electrical engineer (member of NICEIC, IET or
similar) and an Emergency Lighting Periodic Test Certificate issued. Any remedial
work stated in the certificate should be carried out as soon as possible. At the time
of the inspection it appeared that the emergency lighting system was not in use.
Please ensure that the emergency lighting system is engaged at all times that the
premises are in use.
11. At the time of the inspection it couldn’t be confirmed whether a Health & Safety
Risk Assessment had been undertaken in regards to the premises. In accordance
with the Management of Health & Safety at Work Regulations (1999) a Health &
Safety Risk Assessment is required in regards to the premises.
If you require advice in regards to health & safety risk assessment please contact
this council’s health and safety team via: [email protected]
12. At the time of the inspection the fire risk assessment devised in respect of the
premises was not available. The fire risk assessment should be available /
accessible at the premises.
Please ensure that all management staff are conversant with any risk assessments
devised in respect of the premises. Risk assessments should be reviewed annually
by a competent person, amended if / when necessary (for example if the lay out of
the premises changes or if the operation of the premises changes) and signed off
by the person who reviewed the assessment.
13. It is recommended that all health and safety paper work / documentation is
collated into a health and safety folder (or electronic equivalent) that is readily
accessible to management staff and periodically reviewed by a competent person.
14. Broken floor tiles in the toilet area should be replaced, or the cavities left by the
broken tiles filled in, to reduce the trip hazard presented by the broken tiles.
15. The electrical flex from a hand dryer in the toilet area had inner cable sheaths
exposed. Please ensure that the inner sheaths of all electrical cables at the
premises are completely enclosed by the outer sheath.
16. It is recommended that if possible, extension sockets are not used. If extension
sockets are used they should not be ‘daisy chained’ (i.e. plugged into one another).
Please ensure that all cabling / wiring in all areas is maintained in such a manner so
that it does not present a trip or snag hazard.
You must ensure that licensable activities and hours of operation are in accordance
with those listed on your premises licence. You must also ensure that the conditions
attached to your licence are adhered to. A further visit will be made to check on
these matters.
Licensing Unit - Environment & Housing, Hub 2, Floor 3, 160 Tooley Street, London, SE1 2QH
Switchboard - 020 7525 5000 Website - www.southwark.gov.uk
Strategic Director Environment & Housing - Deborah Collins
Register to vote. Complete the forms delivered to your home. Information: 020 7525 7373
43
If compliance is not achieved the Council may take formal action that may affect
your license or lead to a prosecution. A person found guilty of an offence under the
above section is liable on summary conviction to imprisonment for a term not
exceeding 6 months or to a fine not exceeding £20,000.
I hope this warning will ensure that compliance is achieved and no further action will
be required.
Thank you in anticipation of your co-operation. Should you wish to discuss this
matter with a licensing enforcement officer Please contact us by email at
[email protected] or by telephone on 020 7525 5779 between the hours
of 9.00 and 17.00, Monday to Friday. Alternatively you can write or visit us at the
address below.
Yours sincerely,
W. McArthur
Wesley McArthur
Licensing Enforcement Officer
[email protected]
cc Robert Hickson, GM, Roxy Bar and Screen
Licensing Unit - Environment & Housing, Hub 2, Floor 3, 160 Tooley Street, London, SE1 2QH
Switchboard - 020 7525 5000 Website - www.southwark.gov.uk
Strategic Director Environment & Housing - Deborah Collins
Register to vote. Complete the forms delivered to your home. Information: 020 7525 7373
Roxy TEN report
44
APPENDIX H
Date 24/3/2015
© Crown copyright. All rights reserved ((0)100019252) 2009
Scale 1/1250
Mark Orton - Licensing Officer
45
Item No.
6
Classification:
Open
Agenda Item 6
Date:
27 April 2015
Meeting Name:
Licensing Sub-Committee
Report title:
Licensing Act 2003: East 12th Restaurant Ltd, 2 – 4
Grove Lane, Camberwell, London SE5 8SY
Ward(s) or groups affected:
Camberwell Green
From:
Strategic Director of Environment and Leisure
RECOMMENDATION
1.
That the licensing sub-committee considers an application made by East 12th
Restaurant Ltd for a premises licence to be granted under Section 17 of the
Licensing Act 2003 in respect of the premises known as East 12th Restaurant, 2-4
Grove Lane, Camberwell, London SE5 8SY.
2.
Notes:
a)
This application forms a new application for a premises licence, submitted
under Section 17 of the Licensing Act 2003. The application is subject to
representations from responsible authorities and other persons and is therefore
referred to the sub-committee for determination.
b)
Paragraphs 8 to 10 of this report provide a summary of the application under
consideration by the sub-committee. A copy of the full application is attached
as Appendix A.
c)
Paragraphs 11 to 18 of this report deals with the representations received to
the premises licence application. Copies of the relevant representations from
responsible authorities are attached as Appendix B. Copies of the relevant
representations from other persons is attached as Appendix C.
d)
A copy of the council’s approved procedure for hearings of the sub-committee
in relation to an application made under the Licensing Act 2003, along with a
copy of the hearing regulations, has been circulated to all parties to the
meeting.
BACKGROUND INFORMATION
The Licensing Act 2003
3.
The Licensing Act 2003 received royal assent on 10 July 2003. The Act provides a
licensing regime for:
•
•
•
4.
The sale of and supply of alcohol
The provision of regulated entertainment
The provision of late night refreshment.
Within Southwark, the licensing responsibility is wholly administered by this council.
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46
5.
The Act requires the licensing authority to carry out its functions under the Act with a
view to promoting the four stated licensing objectives. These are:
•
•
•
•
6.
In carrying out its licensing functions, a licensing authority must also have regard to
•
•
•
•
•
•
7.
The prevention of crime and disorder
The promotion of public safety
The prevention of nuisance
The protection of children from harm.
The Act itself
The guidance to the act issued under Section 182 of the Act
Secondary regulations issued under the Act
The licensing authority’s own statement of licensing policy
The application, including the operating schedule submitted as part of the
application
Relevant representations.
The premises licence application process involves the provision of all relevant
information required under the Act to the licensing authority with copies provided by
the applicant to the relevant responsible bodies under the Act. The application must
also be advertised at the premises and in the local press. The responsible authorities
and other persons within the local community may make representations on any part
of the application where relevant to the four licensing objectives.
KEY ISSUES FOR CONSIDERATION
The premises licence application
8.
9.
On 6 February 2015 East 12th Restaurants Ltd applied to this Council for the grant of
a new premises licence in respect of the premises known as East 12th Restaurant, 24 Grove Lane, Camberwell, London SE5 8SY. The application is summarised as
follows:
•
The supply of alcohol (for consumption on the premises)
Sunday to Thursday from 11.00 to 23.00
Friday & Saturday from 11.00 to 00:00
•
Operating hours
Sunday to Thursday from 08.00 to 23.30
Friday & Saturday from 08.00 to 00.30
The premises licence application form provides the applicant operating schedule.
Parts J, L, and M set out the proposed operating hours and operating controls in full,
with reference to the four licensing objectives as stated in the Licensing Act 2003.
Should a premises licence be issued in respect of the application the information
provided in part M of the operating schedule will form the basis of conditions that will
be attached to the licence. A copy of the application is attached to this report as
Appendix A.
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47
Designated premises supervisor
10.
The proposed designated premises supervisor is Adam Clark who has a personal
licence issued by the Brent Council.
Representations from responsible authorities
11.
Four representations from responsible authorities have been received. These were
from the environmental protection team (EPT), trading standards, licensing as a
responsible authority and the planning authority.
12.
The representation received from the EPT object on the grounds that there are
residential premises to the rear of the premises and the operational schedule is
inadequate to ensure public nuisance will not be caused by operations and also the
premises is within the Camberwell Saturation Zone. The EPT have offered
conditions, that if agreed, can form part of the licence if granted.
13.
The representation received from trading standards is based on age verification and
they have also offered a number of conditions to be agreed and added to the licence,
if it is granted.
14.
The representation received from licensing as a responsible authority objects on the
grounds of the prevention of public nuisance and the prevention of crime and
disorder. It refers to the premises being licensed previously whereby the back
garden area was used. The council has received complaints in the past, of noise
from patrons using the back garden area. The licensing authority have requested for
further conditions to be added to the operating schedule as a precaution. It also
refers to the details of the Camberwell saturation policy, and requests a condition in
order to establish the nature of the business and remove ambiguity in the type of
establishment as a restaurant.
15.
The representation received from the planning authority refers to the planning
permissions for the times in which the premises can operate.
16.
Copies of representations from the responsible authorities are attached as Appendix
B.
Representations from other persons
17.
There are six representations received from other persons consisting of one from a
local ward councillor and five local residents. They relate to the operation of the
premises in the past and issues of noise pollution and public nuisance. They are
concerned that they will suffer further disturbances with regards to noise if a licence
is granted.
18.
Copies of the correspondence received are attached as Appendix C.
Conciliation
19.
The representations have been forwarded to the applicant, however none of these
issues have been resolved through conciliation and as such the application is being
referred to the licensing sub- committee for determination.
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48
Previous History
20.
The premises held a licence between 2011 and 2014. The licensable has lapsed
due to bankruptcy issues of previous management. The licensable activities
permitted were for recorded music and the sale and supply of alcohol till 23.00
(Monday to Sunday). There were however numerous complaints received with
regards to noise nuisance due to the use of the garden area late into the night.
The local area
21.
A map of the area is attached to this report as Appendix D. The premises is identified
by a star at the centre of the map. For purposes of scale-only the circle on the map
has a 100-metre radius. There are two licensed premises within this 100m radius.
The following licensed premises terminal hours are also shown on the map
Off Licences
•
•
•
Food and Wine, 4 Camberwell Church Street, London SE5 (Monday to Sunday
– 24 hours)
London Food & Wine, 12 Camberwell Church Street, London SE5 (Monday to
Sunday till 03.00)
Camberwell Superstore, 34 Camberwell Church Street, London SE5 (Monday
to Saturday till 23.00 and Sunday till 22.30
Public Houses and Latenight Refreshment
•
•
•
•
•
•
•
•
•
•
•
•
•
Chicken Coop, 5 Camberwell Church Street, London SE5 (Sunday to Thursday
till 02.00 and Friday and Saturday till 03.00)
Bolu Restaurant, 7 Camberwell Church Street, London SE5 (Sunday to
Thursday till 04.00 and Friday and Saturday till 05.00)
Wuli Wuli, 15 Camberwell Church Street, London SE5 (Sunday to Thursday
23.30 and Friday and Saturday till 01.00)
Stormbird, 25 Camberwell Church Street, London SE5 (Sunday to Wednesday
till 00.30, Thursday till 02.30 and Friday and Saturday till 03.30)
Hermits Cafe, 28 Camberwell Church Street, London SE5 (Monday to
Wednesday till 02.30, Thursday to Saturday till 02.30 and Sunday till 01.30)
Angels and Gypsies, 29 - 31 Camberwell Church Street, London SE5 (Monday
to Saturday till 00.30 and Sunday till 00.00)
KFC, 35 Camberwell Church Street, London SE5 (Sunday to Thursday till
02.00 and Friday and Saturday till 04.00)
Tadim Cafe, 41 Camberwell Church Street, London SE5 (Monday to Sunday till
23.30)
Hoa Viet, 42 Camberwell Church Street, London SE5 (Monday to Saturday till
00.30 and Sunday till 00.00)
Oregano Leaf, 44 Camberwell Church Street, London SE5 (Monday to
Saturday till 23.00 and Sunday till 22.30)
Carravagio, 47 Camberwell Church Street London SE5 (Monday to Sunday till
00.30)
Silk Road, 49 Camberwell Church Street, London SE5 (Monday to Saturday till
23.00 and Sunday till 22.30)
New Dome Hotel, 51-53 Camberwell Church Street, London SE5 (Monday to
Saturday till 00.00 and Sunday till 23.30)
4
49
•
•
FM Mangal, 54 Camberwell Church Street, London SE5 (Monday to
Wednesday till 00.30, Thursday to Saturday till 02.30 and Sunday till 01.30)
Morleys Fast Food, 56 Camberwell Church Street, London SE5 (Monday to
Thursday till 02.00 and Friday and Saturday till 03.30).
Southwark council saturation policy for Camberwell
22.
Council assembly approved the introduction of a special policy for Camberwell on the
cumulative impact of a concentration of licensed premises (saturation policy) on 12
October 2011.
23.
The decision to introduce saturation policy was taken with regard to the committee’s
concern over rising trends of late night alcohol related violence against the person
and late night disorder and rowdiness associated with late night licensed premises in
the area.
24.
The effect of this special policy is that is to create a presumption that applications for
new premises licences or variations that are likely to add to the existing cumulative
impact will normally be refused, following relevant representations, unless the
applicant can demonstrate in their operating schedule that there will be no negative
cumulative impact on one or more of the licensing objectives.
25.
The applicant has been advised to address the committees concerns around
cumulative impact at the meeting.
Southwark council statement of licensing policy
26.
27.
Council assembly approved Southwark’s statement of licensing policy 2011-14 on 12
October 2011. Sections of the statement that are considered to be of particular
relevance to this application are:
•
Section 3 which sets out the purpose and scope of the policy and reinforces
the four licensing objectives.
•
Section 5 which sets out the council’s approach with regard to the imposition of
conditions including mandatory conditions to be attached to the licence.
•
Section 6 details other relevant council and government policies, strategies,
responsibilities and guidance, including the relevant articles under the Human
Rights Act 1998.
•
Section 7 provides general guidance on dealing with crime and disorder and
deals with licensing hours.
•
Section 8 provides general guidance on ensuring public safety including safe
capacities.
•
Section 9 provides general guidance on the prevention of nuisance.
•
Section 10 provides general guidance on the protection of children from harm.
The purpose of Southwark’s statement of licensing policy is to make clear to
applicants what considerations will be taken into account when determining
applications and should act as a guide to the sub-committee when considering the
5
50
applications. However, the sub-committee must always consider each application on
its own merits and allow exceptions to the normal policy where these are justified by
the circumstances of the application.
Resource implications
28.
A fee of £190 has been paid by the applicant company in respect of this application
being the statutory fee payable for premises within non-domestic rateable value band
A.
Consultation
29.
Consultation has been carried out on this application in accordance with the
provisions of the Licensing Act 2003. A public notice was published in a local
newspaper and a similar notices exhibited outside of the premises for a period of 28
consecutive days.
Community impact statement
30.
Each application is required by law to be considered upon its own individual merits
with all relevant matters taken into account.
SUPPLEMENTARY ADVICE FROM OTHER OFFICERS
Director of Legal Services
31.
The sub-committee is asked to determine the application for a premises licence
under section 17 of the Licensing Act 2003.
32.
The principles which sub-committee members must apply are set out below.
Principles for making the determination
33.
The general principle is that applications for premises licence applications must be
granted unless relevant representations are received. This is subject to the proviso
that the applicant has complied with regulations in advertising and submitting the
application.
34.
Relevant representations are those which:
•
•
•
•
35.
Are about the likely effect of the granting of the application on the promotion of
the licensing objectives
Are made by an interested party or responsible authority
Have not been withdrawn
Are not, in the opinion of the relevant licensing authority, frivolous or vexatious.
If relevant representations are received then the sub-committee must have regard to
them, in determining whether it is necessary for the promotion of the licensing
objectives to:
•
To grant the licence subject to:
6
51
o
o
•
•
•
The conditions mentioned in section 18 (2)(a) modified to such extent as
the licensing authority considers necessary for the promotion of the
licensing objectives
Any condition which must under section 19, 20 or 21 be included in the
licence.
To exclude from the scope of the licence any of the licensable activities to which
the application relates
To refuse to specify a person in the licence as the premises supervisor
To reject the application.
Conditions
36.
The sub-committee’s discretion is thus limited. It can only modify the conditions put
forward by the applicant, or refuse the application, if it is necessary to do so.
Conditions must be necessary and proportionate for the promotion of one of the four
licensing objectives, and not for any other reason. Conditions must also be within
the control of the licensee, and should be worded in a way which is clear, certain,
consistent and enforceable.
37.
The four licensing objectives are:
•
•
•
•
The prevention of crime and disorder
Public safety
The prevention of nuisance
The protection of children from harm.
38.
Members should note that each objective is of equal importance. There are no other
licensing objectives, and the four objectives are paramount considerations at all
times.
39.
Conditions will not be necessary if they duplicate a statutory position. Conditions
relating to night café and take away aspect of the license must relate to the night
time operation of the premises and must not be used to impose conditions which
could not be imposed on day time operators.
40. Members are also referred to the Home Office revised guidance issued under
section 182 of the Licensing Act 2003 on conditions, specifically section 10.
Reasons
41.
If the sub-committee determines that it is necessary to modify the conditions, or to
refuse the application for a premises licence application, it must give reasons for its
decision.
Hearing procedures
42.
Subject to the licensing hearing regulations, the licensing committee may determine
its own procedures. Key elements of the regulations are that:
•
The hearing shall take the form of a discussion led by the authority. Cross
examination shall not be permitted unless the authority considered that it is
required for it to consider the representations.
7
52
•
Members of the authority are free to ask any question of any party or other
person appearing at the hearing.
•
The committee must allow the parties an equal maximum period of time in
which to exercise their rights to:
o
o
o
43.
Address the authority
If given permission by the committee, question any other party.
In response to a point which the authority has given notice it will require
clarification, give further information in support of their application.
•
The committee shall disregard any information given by a party which is not
relevant to the particular application before the committee and the licensing
objectives.
•
The hearing shall be in public, although the committee may exclude the public
from all or part of a hearing where it considers that the public interest in doing
so outweighs the public interest in the hearing, or that part of the hearing,
taking place in private.
•
In considering any representations or notice made by a party the authority may
take into account documentary or other information produced by a party in
support of their application, representations or notice (as applicable) either
before the hearing or, with the consent of all the other parties, at the hearing.
This matter relates to the determination of an application for a premises licence
under section 17 of the Licensing Act 2003. Regulation 26(1) (a) requires the subcommittee to make its determination at the conclusion of the hearing.
Council’s multiple roles and the role of the licensing sub-committee
44.
Sub-committee members will note that, in relation to this application, the council has
multiple roles. Council officers from various departments have been asked to
consider the application from the perspective of the council as authority responsible
respectively for environmental health, trading standards, health and safety and as
the planning authority.
45.
Members should note that the licensing sub-committee is meeting on this occasion
solely to perform the role of licensing authority. The sub-committee sits in quasijudicial capacity, and must act impartially. It must offer a fair and unbiased hearing
of the application. In this case, members should disregard the council’s broader
policy objectives and role as statutory authority in other contexts. Members must
direct themselves to making a determination solely based upon the licensing law,
guidance and the council’s statement of licensing policy.
46.
As a quasi-judicial body the licensing sub-committee is required to consider the
application on its merits. The sub-committee must take into account only relevant
factors, and ignore irrelevant factors. The decision must be based on evidence, that
is to say material, which tends logically to show the existence or non-existence of
relevant facts, or the likelihood or unlikelihood of the occurrence of some future
event, the occurrence of which would be relevant. The licensing sub-committee
must give fair consideration to the contentions of all persons entitled to make
representations to them.
8
53
47.
The licensing sub-committee is entitled to consider events outside of the premises if
they are relevant, i.e. are properly attributable to the premises being open. The
proprietors do not have to be personally responsible for the incidents for the same to
be relevant. However, if such events are not properly attributable to the premises
being open, then the evidence is not relevant and should be excluded. Guidance is
that the licensing authority will primarily focus on the direct impact of the activities
taking place at the licensed premises on members of the public, living, working or
engaged in normal activity in the area concerned.
48.
Members will be aware of the council’s code of conduct which requires them to
declare personal and prejudicial interests. The code applies to members when
considering licensing applications. In addition, as a quasi-judicial body, members
are required to avoid both actual bias, and the appearance of bias.
49.
The sub-committee can only consider matters within the application that have been
raised through representations from other persons and responsible authorities. Other
persons must live in the vicinity of the premises. This will be decided on a case to
case basis.
50.
Under the Human Rights Act 1998 the sub-committee needs to consider the balance
between the rights of the applicant and those making representations to the
application when making their decision. The sub-committee has a duty under section
17 Crime and Disorder Act 1998 when making its decision to do all it can to prevent
crime and disorder in the borough.
51.
Other persons, responsible authorities and the applicant have the right to
appeal the decision of the sub-committee to the magistrates’ court within a
period of 21 days beginning with the day on which the applicant was notified
by the licensing authority of the decision to be appealed against.
Guidance
52.
Members are required to have regard to the DCMS guidance in carrying out the
functions of licensing authority. However, guidance does not cover every possible
situation, so long as the guidance has been properly and carefully understood,
members may depart from it if they have reason to do so. Full reasons must be
given if this is the case.
BACKGROUND DOCUMENTS
Background Papers
Licensing Act 2003
DCMS Guidance to the Act
Secondary Regulations
Southwark statement of licensing
policy Case file
Held At
Contact
Southwark Licensing, C/O Mrs Kirty Read
Community Safety &Phone Tel: 020 7525 5748
Enforcement, 160 Tooley
Street, London, SE1 2QH
9
54
APPENDICES
Name
Appendix A
Appendix B
Appendix C
Appendix D
Title
Application for a new premises licence
Representations from the responsible authorities
Representations from the other persons
Map of the local area
AUDIT TRAIL
Lead Officer Deborah Collins, Strategic Director of Environment and Leisure
Report Author Dorcas Mills, Principal Licensing Officer
Version Final
Dated 15 April 2015
Key Decision? No
CONSULTATION WITH OTHER OFFICERS / DIRECTORATES / CABINET
MEMBER
Officer Title
Comments sought
Comments included
Director of Legal Services
Yes
Yes
Strategic Director of Finance and
No
No
Corporate Services
Cabinet Member
No
No
Date final report sent to Constitutional Team
15 April 2015
10
55
APPENDIX A
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
APPENDIX B
_____________________________________________
From: Newman, Sarah
Sent: Monday, February 09, 2015 1:43 PM
To: Regen, Licensing
Cc: Tear, Jayne
Subject: Premise License Application - 2-4 Grove Lane Camberwell
Hi Licensing
EP Team have no objection to the principle of this application,
however, there are residential premises to the rear of the premises,
the operational schedule is inadequate to ensure public nuisance will
not be caused by operations and the premises is within the Camberwell
Saturation Zone, therefore, EP Team object unless the following
conditions are applied to any license granted.
1). The premises shall no hold licensed entertainment unless approved
under a Temporary Events Notice.
2). The rear garden and all doors and window to the rear of the
premises shall close at 20.30hrs Sunday to Thursday and 22.00hr on
Fridays & Saturdays.
3). Those who temporarily leave the premises to smoke a cigarette
shall use the street frontage when the rear garden is closed, and
then, no more than 5 people at one any time.
4). Deliveries, collections and external cleaning shall not occur
between 20.00hrs and 08.00hrs.
5). The kitchen extract system shall meet the standard required by
DEFRA Guidance on the control of odour and noise from commercial
kitchen exhaust systems (2011).
6). Any external plant such as the kitchen extraction system,
condensers, etc. shall have a noise output that does not exceed 10 dB
(A) below the lowest L90 15 min relevant in the period the plant will
be operational.
The EP Team are happy to discuss these conditions with the applicant.
Many thanks
Sarah Newman
Team Leader
Environmental Protection Team
Southwark Council
75
From: Masini, Bill
Sent: Thursday, February 12, 2015 2:52 PM
To: Regen, Licensing
Cc: Tear, Jayne
Subject: Application for licence - East 12th Restaurant 2-4 Grove Lane SE5 8SY
Please note that the London Borough of Southwark's Trading Standards
Service, as a responsible authority under the Licensing Act 2003, wish
to make representations to the premises licence application made by
East 12th Restaurants at 2-4 Grove lane London SE5 8SY
The representations are based on the licensing objective for
protection of children from harm with regard to underage sales of
alcohol.
The Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010
requires an age verification policy as part of the operation of the
premises. Without these the Trading Standards Service has concerns
that the premises may not be able to operate procedures which are
robust enough to prevent the sale of alcohol to children. The
applicant has mentioned age verification under "the protection of
children from harm" heading stating “No alcohol served to under 18’s”
but not explained how this is to be done.
Without these, Trading Standards is unable to properly consider the
application.
Trading Standards would welcome the following wording to be on the
conditions of this licence:
1.That the premises’ staff will be trained to understand the
responsibility attached to the supply of alcoholic drinks and that
alcoholic drinks shall be limited to beer, cider or wine may be served
to and consumed by persons aged 16 or 17 only if they are accompanied
by persons over the age of 18 and consuming substantial food while
sitting at a table.
2. That no alcoholic drinks will be served to persons under 16 years
of age, even when with adults, and no provision of any alcoholic
drinks will be to unaccompanied persons under 18 years of age
3. The premises shall operate an agecheck 'Challenge 25' policy
whereby customers purchasing alcohol who look or appear to be under 25
years of age will be asked for an approved form of proof of age to
verify their age. Approved forms shall include a driving licence,
passport or a PASS approved proof of age card such as the Southwark
Proof of Age (SPA) card.
4. All staff involved in the sale of alcohol shall attend a recognised
training scheme which will include training in the agecheck 'Challenge
25' policy. They must obtain a certificate of competence. A record of
76
their training, including the dates that each member of staff is
trained, shall be available for inspection at the premises on request
by the Council's authorised officers or the Police.
5. Agecheck or 'Challenge 25' signage shall be displayed at entrances
to the premises, areas where alcohol is displayed for sale and at
points of sale to inform customers that an agecheck 'Challenge 25'
policy applies and proof of age may be required
6. A register of refused sales of alcohol and if applicable, cigarette
sales which is clearly marked with details of the premises, address
and name of licence holder shall be maintained in order to demonstrate
effective operation of the policy. The register shall be available for
inspection at the premises on request by the Council's authorised
officers or the Police.
Further details and guidance on age verification policies can be found
at www.southwark.gov.uk/ageverification.
Bill Masini - Trading Standards Officer
Southwark Council Trading Standards | Community Safety & Enforcement
3rd Floor Hub 2, PO Box 64529 | London SE1P 5LX
Direct line 020 7525 2629 | Fax 020 7525 5735 | Call Centre 020 7525
2000 Visit our web pages www.southwark.gov.uk/TradingStandards
Need clear practical consumer advice? Visit Consumer Direct at
www.direct.gov.uk/consumer
77
MEMO: Licensing Unit
To Licensing Unit Date 6 March 2015
Copies
From Jayne Tear Telephone 020 7525 0396 Fax
Email [email protected]
Subject
Re: East 12th Restaurants Ltd, 2- 4 Grove Lane, London SE5 8SY –
Application for a premises licence REF 847465
I write with regards to the above application for the grant of a premises licence under the Licensing
Act 2003 which seeks the following licensable activities:
• The supply of alcohol on the premises on Sunday to Thursday from
11:00 to 23:00 and on Fridays and Saturdays from 11:00 to 00:00
• Overall opening times shall be from Sunday to Thursday from 08:00 to
23:30 and on Friday and Saturday from 08:00 to 00:30
My representation is submitted with concerns for the prevention of public nuisance and the
prevention of crime and disorder. The plan submitted with the application does not clearly define
the licensable area of the premises. Also this premises has previously held a premises licence
whereby the back garden area was used. The council has received complaints in the past, of noise
from patrons using the back garden area. To address those concerns I would ask that the following
conditions be added to the operating schedule:
• The back garden area shall be closed to patrons at 20:00hrs on each
night
• Signage shall be displayed at the entrance to the back garden stating that the area is closed to
patrons from 20:00hrs
This premises is situated within the saturation area for Camberwell.
The effect of this special policy is to create a presumption that applications for new premises
licences or variations that are likely to add to the existing cumulative impact will normally be
refused, following relevant representations, unless the applicant can demonstrate in their
operating schedule that there will be no negative cumulative impact on one or more of the licensing
objectives.
The classes of premises to which the policy applies in the Camberwell area is defined as follows –
night clubs; pubs and bars; off-licences, grocers, supermarkets, convenience stores and similar
premises.
The application describes the premises as a restaurant which would not fall under the classes of
premises defined for the saturation area in Camberwell, however should the premises be operated
as a bar then it would fall under the type of premises to which the saturation policy would apply as
described within Southwark’s Statement of Licensing Policy. Please see the following link to
download a copy of Southwark’s Statement of licensing policy
https://www.southwark.gov.uk/downloads/download/622/licensing_act_2003
southwark_statement_of_licensing_policy_2008-2011
To avoid any ambiguity with regards to whether the premises should be
78
addressing the negative cumulative impact if it were to operate as a bar I would
request the following condition, which would be consistent with a restaurant, is added to
the operating schedule:
• Intoxicating liquor shall not be sold or supplied on the premises
otherwise than to persons taking a substantial table meal and by consumption of such persons as
an ancillary to their meal
Jayne Tear
Principal Licensing officer
In the capacity of the Licensing Responsible Authority
79
Chief executive's department
Planning division
5th floor, hub 2
PO Box 64529
LONDON SE1P 5LX
EH & TS Licensing Unit
Hub 2 3rd Floor Tooley Street
X
Your Ref:
Our Ref:
Contact:
Telephone:
Fax:
E-Mail:
Web Site:
847465
15-CE-00163
David Williams
020 7525 5446
020 3357 3101
[email protected]
http://www.southwark.gov.uk
Date:
26/02/2015
Dear Sir/Madam
Premises Licensing re:
2-4 GROVE LANE, LONDON, SE5 8SY
Summary description: New premises lic
Date Received:
09/02/2015
Planning permission granted 16/02/1996 for change of use of ground floor from retail (Class A1) to a
restaurant (Class A3) with erection of a single storey rear extension to provide an additional toilet (Amended
drawings showing external ventilation). The type of application sought (New Premises Licence, Mon – Thur :
08:00 – 23:30, Fri/Sat 08:00 – 00:30, Sun 08:00 – 23:30). A planning condition was also attached limiting the
opening and closing hours of the premises from 8:00 – 23:00 Mon to Sat and closing at 22:00 on Sunday and
public holidays. However, in my professional opinion, these times are not considered harmful to be
considered a public nuisance. Whilst the previous condition might be considered outdated and the present
operational hours seem reasonable, the applicant’s should be advised that a variation of planning condition
would be required via the submission of a planning application to have present operational hours regularised.
Comment: No objections.
Yours faithfully
David Williams
Senior Planner - Development Management
80
APPENDIX C
party 1
81
party 2
82
party 3
83
84
party 4
85
86
party 5
87
88
89
90
party 6
East 12th Rest ltd
APPENDIX D
Date 2/4/2015
91
This map is based on Ordnance Survey material with the permission of Ordnance Survey on behalf of the Controller of Her Majesty's Stationary Office
© Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to production or civil proceedings. ((0)100019252) 2009
Scale 1/789
dmills
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LICENSING SUB-COMMITTEE DISTRIBUTION LIST (OPEN)
NOTE:
MUNICIPAL YEAR 2014-15
Original held by Constitutional Team; all amendments/queries to
Andrew Weir Tel: 020 7525 7222
Name
No of
copies
1
1
1
Reserve
Councillor Sandra Rhule
No of
copies
Officers
Members
Councillor Renata Hamvas (Chair)
Councillor David Hubber
Councillor Lorraine Lauder MBE
Name
1
Debra Allday, Legal team
Mark Orton, Licensing team
Dorcas Mills, Licensing team
Sarah Newman, Environmental
protection team
Bill Masini, Trading standards team
Jayne Tear. Licensing team
David William, Planning department
Others by post/Email
Andrew Weir
Total: 24
Dated: 17 April 2015
1
1
1
1
1
1
1
(16)
13