From: WebsiteTo: LicensingSubject: Form submission from: Comment on a licence application - formDate: 18 December 2016 21:17:35

Submitted on Sunday, December 18, 2016 - 21:17Submitted by user: AnonymousSubmitted values are:

==Your personal details== Title: Mrs First name: Steve Last name: Taylor Email Telephone:

==Your address== Address: The Polygon, London UPRN:

==Your comments== Which application do you want to comment on? Omnibus, 1 North Side Clapham Common, (Clapham Town). Premises License Number 1647

Preventing crime and disorder: Whilst this premises is an arts centre it should not be given preferential treatment. If their application is granted it sets a precedent for other licensed premises in the Old Town. Public safety: Preventing public nuisance: As a local resident close to the venue, virtually every night of the week I am woken up as a result of the night time economy. Please don't create more reason for disturbance. Protecting children from harm: Any other comments: Supporting evidence 1: Supporting evidence 2: Supporting evidence 3:

Lambeth council has set out plans for the latest budget savings - find out more at http://lambeth.gov.uk/toughchoices

Obection Rep 1

ANNEX B

Obection Rep 2

Obection Rep 3

I therefore appeal to the committee to reject the application.

I would like to attend the hearing.

Protecting children from harm: Any other comments: Supporting evidence 1: https://www.lambeth.gov.uk/system/files/webform/comment-on-licence-application/Printed%20minutes%2011112015%201900%20Licensing%20Sub-Committee.pdf Supporting evidence 2: Supporting evidence 3:

Lambeth council has set out plans for the latest budget savings - find out more at http://lambeth.gov.uk/toughchoices

L

LICENSING SUB-COMMITTEE

Wednesday 11 November 2015 at 7.00 pm

MINUTES PRESENT: Councillor Michelle Agdomar, Councillor Matthew Bennett and

Councillor Saleha Jaffer

APOLOGIES: Councillor Amélie Treppass

ALSO PRESENT: Councillor Linda Bray

Action required by

1 ELECTION OF CHAIR

MOVED by Councillor Matthew Bennett SECONDED by Councillor Saleha Jaffer and: RESOLVED: That Councillor Michelle Agdomar be elected as Chair of the meeting.

2 DECLARATION OF PECUNIARY INTERESTS

None were declared.

3 MINUTES

RESOLVED: That the minutes of the previous meetings held on 7 & 20 October 2015 be approved and signed as a correct record of the proceedings.

4 LICENSING APPLICATIONS FOR THE GRANT / REVIEW OF A PREMISES LICENCE

4a TRINITY RESTAURANT - 4 THE POLYGON, CLAPHAM, LONDON SW4 0JG (CLAPHAM TOWN)

Presentation by the licensing officer:

The Sub-Committee was informed that this was a variation application for an existing premises licence. The Sub-Committee’s attention was drawn to chapters 2, 8, 9, 10 and 15 of the Statutory Guidance, and to Sections 4, 5, 6, 7, 8, 9 and 16 of the Statement of Licensing Policy (appendices 1, 2, 3, 4, 5, 7, 9) as the ones particularly relevant to this application. The options available to the Sub-Committee were set out in paragraph 6.2 of the report on page 47 of the agenda papers. The Licensing Officer confirmed:

This was an application to vary an existing premises

licence.

This was an application for additional floor space which

would include the sale of alcohol.

The application could be found on page 43 of the agenda

papers. The floor plans could be found on page 59.

The applicant had provided a response to those who had

provided a representation. A request had been made for a

conciliation meeting. This meeting had occurred and the

applicant had submitted additional information summing up

the key points discussed at the meeting. This additional

information could be found as part of the additional agenda

papers.

Responsible authorities, including Environmental Health,

Noise teams and Metropolitan Police had initially made

representations which were subsequently withdrawn after

conditions had been agreed between the applicant and the

responsible authorities. These conditions could be found on

page 77 of the agenda papers.

Representations could be found from page 61 of the

agenda papers.

Residents had been made aware of the conditions that had

been agreed by the applicant and responsible authorities

but had not withdrawn their representations.

Presentation by the applicant: The applicant, Mr Angus Jones informed the Sub-Committee that:

He was a partner at Trinity restaurant.

He was seeking a variation to the existing licence for

additional floor space on the first floor and outside seating

for which he had a highway licence allowing the business to

place an additional twenty-four seats outside the premises

from 09:00-23:00.

Following a meeting with residents on 27 October 2015

addressing their concerns, those present were generally

satisfied that appropriate measures would be taken to

prevent noise transmission.

The main issue with residents related to the outside

seating. It had been suggested that the terminal hour for

the service of alcohol be 21:00. Others had suggested a

terminal hour of 19:00.

The business only had a minimal amount of time for trading

from the outside area.

Customers may feel aggrieved if they were not able to

consume a glass of wine after 21:00, particularly in the

summer. Those people could then place large orders of

alcohol before the terminal hour as they would be permitted

to sit at the table until 23:00. This could put pressure on

staff to meet increased service demands and could lead to

drunkenness.

The clientele attending the restaurant was very mature and

generally not loud.

This was a high end restaurant and was well managed.

There had been no violent incidents occurring at the

premises.

The outside seating complemented the urban regeneration

which had taken part in the area. The area would still

maintain considerable pedestrian space and contributed to

the Lambeth vision of vibrancy and enjoyment in the area.

Residents were benefiting from the urban piazza in the

area.

The premises would have no music, no vertical drinking

and only serve alcohol ancillary to food.

There was a clearly defined service area at the premises.

No smoking would be allowed and the business wanted the

premises to continue to display a refined experience.

Loud, rowdy behaviour would not be tolerated.

A terminal hour of 22:00 for the sale of alcohol outside the

premises was being sought for several reasons. Premises

staff had the option of bringing customers sitting outside

into the premises and it was more feasible to do this after

22:00 as table space would more likely be available.

It was often the case that the premises would become

empty by 22:30 as customers would have finished by then.

People eating outside would not add to the additional noise

beyond traffic and the area’s general occupation of other

people.

Tables and chairs need to be brought inside at the end of

the evening and this would take place after customers had

left.

The premises staff were familiar with their neighbours and

any concerns could be addressed.

The premises was a nice restaurant.

In response to questions from Members, Mr Jones informed the Sub-Committee that:

In relation to condition six on page 77 of the agenda

papers, upon reflection with the licensing team, it was felt

that ending the supply of alcohol at 21:00 to tables & chairs

situated outside was difficult to operate.

Only condition six on page 77 of the agenda papers was

contentious. All other conditions had been agreed.

However, he did not feel that the full version of the BCRP

scheme was appropriate for the premises and was more

suited to pubs and clubs.

At this point in the proceedings, the Licensing Officer present at the meeting clarified that the online BCRP scheme delivered alerts through the internet, however the radio scheme was generally geared towards the late night economy and was generally more focused towards bars and clubs. This scheme would cost the applicant £500 a year whereas the internet scheme was free. Mr Jones stated that the internet scheme was acceptable and he was agreeable to the remaining conditions with the exception of condition six on page 77 of the agenda papers. Calvin Mclean of Lambeth’s Noise Team informed the meeting that there was a separate highway licence in place under the Highways Act allowing the premises to place chairs and tables in the street outside the premises. The Legal Officer at the meeting informed that, generally, the consumption of alcohol was not a licensable activity. However, there could be a condition placed restricting the supply or consumption of alcohol after a certain time should the Sub-Committee consider it appropriate and proportionate for the promotion of the licensing objectives to do so. In response to further questions from Members, Mr Jones informed the Sub-Committee that:

There was seating for fifty people on the ground floor.

The premises would open from 18:30 but generally started

trading after 19:30. Most customers would arrive at the

premises from 20:00 to 21:00 whereby efforts would be

increased to assist the kitchen staff during the busy period.

The restaurant would start to quieten down by 00:30

whereby approximately six tables would be left occupied.

In the summer months, when al fresco dining would

generally be held, customers may attend the premises and

if told that alcohol would not be served later than 21:00 then

they may double order on alcoholic beverages.

Under the highways licence, patrons could sit outside until

23:00 consuming what they purchased before 21:00.

If the restriction of the supply of alcohol was placed after

22:00, then premises staff would be in a better positon to

bring patrons inside the premises.

Bringing customers inside after they had settled outside of

the premises was feasible after 22:00. If a group of

customers wanted to have an alcoholic drink after 22:00,

customers would be asked to come inside.

There were some new bi folding doors on the first floor.

One suggested condition proposed was that they be shut at

22:00. This would be acceptable. Although they would likely

be shut most of the time as it would be too windy outside to

keep them open. The doors were thick in structure and they

would be closed at 22:00.

In relation to potential noise caused by taxis outside the

premises, there had been a lane whereby taxis would wait

for potential customers. Due to the recent street

regeneration, this area had become pedestrianized. There

was still a lane which was occupied by taxis but premises

staff would generally call a taxi for customers and staff

would direct taxi drivers to pick up customers from the

pavement or the Old Town away from the pedestrianized

area. In the case of customers who were elderly or

disabled, the most appropriate action would be taken under

the circumstances.

The general manager would advise staff where appropriate.

He would be content with the bi folding doors closing at

20:00, however 21:00 would be a more preferred time. It

was important to consider the potential noise caused by the

premises against the general background noise in the area.

There was a substantial amount of traffic noise in the area

in addition to other members of the public.

The upstairs area was generally quiet. Rowdy noisy

behaviour and groups was not a common occurrence at

the premises.

Wheeled hardwood planters had been placed outside the

premises. They formed a perimeter around the area and

would contain plants so high that they would act as an

acoustic barrier. Customers would be contained within the

area.

Measurements had been completed in relation to the

minimum requirements for the distance between the tables

and chairs and vehicle traffic. The Highways team had

examined the premises and found there was approximately

2.9 metres allowed for vehicle traffic. This was substantially

more than the minimum requirements.

Calvin Mclean, Nose Team, informed the meeting that the highway licence that had been granted was subject to a minimum of 1.8 metres of available space for pedestrian use. The applicant had informed that there was approximately 2.9 metres for traffic. The Noise Team would have objected to the application if there was not at least 1.8 metres of space for pedestrian use. The Licensing Officer present at the meeting informed that a total of 3.1 metres of space had been cleared for cars and trucks to get through the area. Presentation from Interested Parties Mr Harvey Pettit informed the meeting that:

The proposed application on the forty-five covers on the

newly converted first floor was not a concern.

The concern related to the expansion of tables and chairs

on the public highway by 24 covers.

The area in which the tables and chairs would be placed

was a residential area. There were flats adjacent to

premises.

If one was living there, they would see tables and chairs

very close to bedroom windows. If one was to open a

window, they would be able to hear people congregating

and talking.

People would be allowed to eat and drink until 23:00.

The activities of the premises would have an adverse effect

on general quality of life for people that lived in the area.

There was a similar situation with regard to another

premises in the area which was opposite another facet of

The Polygon area. This premises was Bar 32 and premises

staff at Bar 32 would remove tables and chairs located

outside its premises at 19:30 so that residents would not be

disturbed.

The Sub-Committee should not allow for the supply of

alcohol until 21:00. A terminal hour of 19:30 would allow

diners to enjoy food and wine within an adequate time

period of time.

Ms Camilla Rex informed the Sub-Committee that:

The side of The Polygon that the restaurant was situated

was on the quiet side of the area.

Residents recognised that the premises was of a high

calibre, but as it was doubling its capacity, there would be

more noise created simply from bringing the tables and

chairs inside the premises once the premises closed for the

evening.

Residents were concerned about noise coming into homes

from outside tables. Her block was one metre to the left of

the premises. There were also bedroom windows seven

metres from the seating area.

There had already been one noise complaint.

There was limited ventilation in the local flats so windows

needed to be opened.

The meeting that had been held by the applicant had

agreed to a 21:00 terminal hour for the supply of alcohol,

however this agreement had later been rescinded by the

applicant. The terminal hour of 21:00 for the supply of

alcohol had been originally sought by Lambeth’s Licensing

and Trading Standards teams. The Sub-Committee was

requested to follow the original recommendations.

She had become aware through the course of the meeting

that it was possible for a condition to be applied for the

terminal hour for the consumption of alcohol. If this

condition was applied, then a terminal hour of 21:30 for the

consumption of alcohol would be appropriate, with the

supply of alcohol terminating at 21:00.

Mr Steve Taylor informed the Sub-Committee that:

He had lived in his home for fifteen years.

He had experienced an increasing number of broken night’s

sleep. This would increase with the additional seating.

He was unable to attend the conciliation meeting between

the applicant and the residents.

The business employing a dedicated taxi service was

potentially problematic in its practice. Taxis could be heard

reversing outside windows. Increasingly, more people were

starting to use their own taxi service.

Lambeth’s Licensing team had done well in setting

conditions and precedence for the nearby premises Bar 32.

Bedrooms were located further away from Bar 32

compared to the Trinity Restaurant premises.

There was a condition for Bar 32 whereby the seating in

Wingate Square was allowed from 09:00 to 21:00 and the

bi folding doors would remain shut.

Clapham Old town was becoming too similar to Clapham

High Street. The terminal hour for the supply of alcohol

should be set to 20:00.

The Licensing Officer at the meeting clarified that the condition referred to by Mr Taylor at the meeting applied to Wingate Square only and not for the side occupying Clapham Old Town. The condition was also a planning condition and there was no specific licensing condition relating to the restriction of tables and chairs on the highway. The Legal Officer present at the meeting informed the Sub-Committee that planning conditions did not relate to licensing conditions and was separate to the licensing objectives. The meeting heard that Wingate Square was privately owned land. The Sub-Committee recalled the applicant to address matters arising. In response to questions from Members, Mr Jones informed the Sub-Committee that:

The comparison to Bar 32 was unfair that particular

premises operated as a pub, although it served food.

Meals were not ancillary to the service of alcohol at Bar 32.

Trinity was a restaurant and focused on mature dining.

There was no rowdy behaviour at the premises. There was

already a condition in place permitting the presence of

chairs and tables outside the premises until 23:00.

An early terminal hour for the supply of alcohol would have

a large detrimental impact on the business.

Councillor Linda Bray informed the Sub-Committee that:

She was surprised that the highways licence appeared to

supersede any licensing conditions that could be placed by

the Sub-Committee.

She noted that the applicant had reduced the original

number of tables and chairs proposed to twenty-four in

total. However, a photograph of the premises appeared to

show that the number of tables and chairs outside allowed

for twenty seats in total. It was difficult to see how twenty-

four people could be adequately placed into the dining

areas unless they extended further forward and sideways.

This would mean an interference with the entrance of at

least one of the premises beside Trinity restaurant.

There was only room for one car to pass outside.

There was likely to be interference with motor vehicle

access.

Originally, the applicant had agreed to cease the supply of

alcohol at an earlier time but had gone back on his original

agreement.

Supplying alcohol until 22:00 would lead to diners

remaining outside until 23:00.

It was possible that although customers may not become

rowdy and display anti- social behaviour, it was likely they

would raise their voices and laugh loudly. This would cause

disturbance to residents and it was important to emphasise

that the premises was extremely close to people’s homes.

The piazza was quiet at night and apart from people

walking by and visitors to the restaurant, there was very

little noise with regard to Bar 32. She had spoken to the

manager of the Bar 32 premises who had confirmed that

the bi-folding doors in Wingate Square would close and

supply of alcohol would cease at 19:30 - although people

continued to eat and drink beyond 19:30.

Although she welcomed the upstairs seating, she believed

the terminal hour for the supply of alcohol should be 21:00

as originally had been agreed and that the number of

covers should be restricted to sixteen as four tables of four

had been displayed in the diagram.

The applicant was recalled to address matters arising. In response to questions from Members, Mr Jones informed the Sub-Committee that:

The premises had an appropriate licence to seat a

maximum of twenty-four people.

The planters did not have to be extended.

The number of tables that may be displayed at any one

time was a decision for the management.

The tables displayed as seen in the pictures had been set

out generally for aesthetic purposes.

The business was unlikely to trade outside of the premises

until the weather was more suited to the environment.

It was possible that a decision could be made to have

smaller tables or tables specifically set for two people.

However, the highway licence allowed for a maximum of

twenty-four people.

In response to questions from Members, Councillor Bray informed the Sub-Committee that:

As a Councillor, she had often received complaints about

other premises extending their seating area. Enforcement

officers would have to ask traders to replace planters back

into their original location.

Adjournment and Decision At 8:16pm, the Sub-Committee withdrew from the meeting together with the legal advisor and clerk to deliberate in private. The Sub-Committee had heard and considered representations from Mr Jones, Mr Pettit, Ms Rex and Councillor Bray. Legal advice was given to the Sub-Committee on the options open to them and the need for any decision to be proportionate. The Sub-Committee decided to grant the application subject to conditions. RESOLVED: To grant the application subject to the following conditions. Licensing Authority Conditions Prevention of Crime and Disorder 1. The premises licence holder shall sign up for the online Business Crime Reduction Partnership (BCRP) internet scheme within two weeks of the licence being granted.

Noise Authority Conditions 2. There shall be no loud amplified music played on the first floor restaurant area. Background music is only permissible to safeguard the peaceful amenities of the adjoining residential properties. 3. All tables and chairs to the first floor shall remain in-situ at all times but can be changed/altered and moved around as and when required. 4. The sale of alcohol shall be ancillary to persons ordering a meal to be consumed on the premises and at the licensed tables & chairs area to the external frontage. 5. The bi-folding doors to the first floor front elevation of the building shall be closed at 21:00 Monday to Sunday. 6. Alcohol should not be consumed or supplied to patrons in the outside seating area after 22:00. 7. There shall be no sale or supply of alcohol to the public highway unless there is a valid tables & chairs licence in place. 8. There shall be no vertical drinking within the external tables and chairs area. 9. No customers shall be allowed to leave the licensed tables & chairs area whilst carrying drinking vessels or to consume alcohol on the public highway. 10. There shall be no amplified music played within the external licensed tables & chairs area. 11. Management/staff shall proactively monitor the conduct and behaviour of patrons to the external tables & chairs area to ensure no noisy, rowdy or anti-social behaviour. Those persons deemed to be engaging in such behaviour shall be asked to cease this activity and/or disperse from the premises and area quietly and efficiently. 12. From 23:00hrs, create a designated, cordoned smoking area to the public highway that shall be restricted to no more than 7 persons at any one time. 13. All tables & chairs to the external frontage shall be rendered unusable at the terminal hour for the tables & chairs licence and shall be placed inside the premises at closing time Monday to Sunday. 14. The premises shall undertake routine litter-picks to the external tables & chairs area during the business trading hours and at the terminal hour to remove all discarded litter, food waste/packaging, drinking vessels and cigarette butts. Announcement of Decision Members returned to the meeting and the Chair informed those present of the decision to grant the application. The Sub-Committee had considered all the options available to them and ultimately felt that the applicant was

able to address the concerns which had been raised. The Chair confirmed that written notification of the decision be sent in due course. Full reasons for the decision would be made available in due course.

4b PORTUGUESE PASSION - 105 NORWOOD HIGH STREET, LONDON SE27 9JF (GYPSY HILL)

This item was withdrawn from the agenda.

4c BULLFINCH BREWERY ARCH 887 ROSENDALE ROAD LONDON SE24 9EH (THURLOW PARK)

Presentation by the licensing officer The Sub-Committee was informed that this was an application for a new premises licence. The Sub-Committee’s attention was drawn to chapters 3, 8, 9 and 10 of the Statutory Guidance, and to Sections 6, 8, and 16 of the Statement of Licensing Policy (appendices 6, 7 and 9) as the ones particularly relevant to this application. The options available to the Sub-Committee were set out in paragraph 6.2 of the report on page 151 of the agenda papers. The Licensing Officer confirmed:

This was a new application for the grant of a premises

licence.

The application requested the sale of alcohol with the

applicant having recently agreed to a change the terminal

hour for the supply of alcohol to 22:00.

A copy of the application could be found on page 153 of

agenda papers.

After meeting with representatives, the applicant had

agreed to withdraw regulated entertainment from the

application.

Whilst undertaking the process of applying for the licence,

the applicant had submitted several TENs, seven of which

had been granted.

The plan of the premises was attached to the agenda

papers.

Seven representations had been received from local

residents. Six of these could be found on pages 177 - 185

of the agenda papers.

The seventh representation could be found on page 57 of

the additional agenda papers.

Agreed collated conditions could be found on pages 173-

175 of the agenda papers.

On 4 November 2015, the applicant submitted additional

information and these could be found in the additional

agenda papers.

Presentation by the applicant Representatives of the applicant, Ms Connie Morris and Mr Ryan Mclean informed the Sub-Committee that:

The premises was a family run microbrewery.

They had previously run a successful tap room business.

The business made a decision to move to Rosendale Road

to focus on their work.

A tap room was run differently to a bar or a pub.

The key role of tap room was to showcase beers. The

business had won two awards and was a place to establish

new ideas. It was an outlet for experimental offerings and

products.

The business was passionate about brewing new styles.

A tap room was good outlet for new beers.

A tap room also gave the consumer an opportunity to meet

with a brewer and ask any questions they may have.

The business was was a good way to support more local

business.

The beers created were full flavoured, to be savoured and

enjoyed. It was not for mass consumption.

There would only be six tables at the premises.

People in attendance would largely be middle aged

professionals and couples.

The premises had been empty for two years. The business

had no plans other than to be a micro-brewery and tap

room.

The business would be an asset to the wider community.

The business was considerate to the neighbours and would

close at 22:00.

In response to questions from Members, Ms Morris and Mr Mclean informed the Sub-Committee that:

The business had been sharing a premises in Bermondsey

with other businesses. However, due to the popularity of

the location, considerable space had been taken up in

Bermondsey and the management felt that it would be

appropriate to move to a more quiet area.

The closing time for the premises in Bermondsey was

23:00.

They were not the licence holder for the premises in

Bermondsey – another brewery present at the premises

held the licence. There were several business at the

premises in Bermondsey. There had been some

complaints from some local residents with regard to the

activities in Bermondsey, but these were resolved.

None of the complaints made involved their business at the

premises in Bermondsey.

The Licensing Officer informed the meeting that there had been seven Temporary Events held by the applicant at the premises. There had been no complaints. In response to questions from Members, Ms Morris and Mr Mclean informed the Sub-Committee that:

They had replied individually to all representations that had

been made.

When they moved into the area, they sent out letters inviting

people to meet with them. They were aware of some residents

being unhappy with their presence in the area.

Efforts had been made to keep a low profile in the area.

Presentation from interested parties Ms Katy Underwood informed the Sub-Committee that:

Her initial alarm to the application had been prompted before

the application had been considered. Residents had not been

informed with regard to the application.

Residents submitted their representations as individual

residents and had received individual communication in return.

She had become aware of the premises when she saw a

banner outside the premises and the business had also listed a

private party event on Facebook as a public event.

None of the residents had received the initial communication

from the applicant that were claimed to have been sent.

The party held by the premises had been advertised on

Facebook, therefore it was not a private party.

At the party, music was played.

There would be a substantial increase in noise if the shutters

were open at the back of the Westmoorland Lodge.

The supply of alcohol would be provided in close proximity to

residents and schools. Smells emanating from the premises

would have an adverse impact on residents’ lives.

When planning applications would be submitted, residents had

always been contacted by the Council.

The letters of support for the premises application were from

patrons rather than residents living in the area. The patrons did

not have to deal with noise.

Ms Bianca Ioannidis informed the Sub-Committee that:

Her home was located less than twenty metres away from the

premises.

Westmoorland Lodge was situated less than three metres

away from the premises.

The existence of the arches amplified sound around between

the buildings and even with a closing time of 22:00, the noise

would be significant.

It was positive to see local businesses coming into Herne Hill.

She had lived there for eleven years.

The street in which the premises was based did not have other

restaurants or pubs. It was a quiet residential area.

The premises was not on the High Road, it was closer to being

situated in a residential area.

She did not want the premises to operate as a bar and could

not see the difference between the tap room and a bar.

There were reports that the premises was serving spirits and

other strong alcoholic drinks.

If the premises was simply about people sampling drinks, then

it should not be open until 22:00.

The premises was less than thirty-three metres away from

bedroom windows including those of young children. If drinking

was allowed outside then noise would disturb people in

addition to disrupting the sleep of young children.

Even if there was a desire to only attract a responsible

clientele, there was no guarantee that this could be achieved.

One of the conditions stated that the premises may not be used

as a vertical drinking establishment. However, there were only

fifty-six tables at the premises. In the event that fifty people turn

up, it was unlikely that they would simply be turned away.

The business was marketing itself for events such as

Halloween and other events.

The premises had been listed on Time Out magazine as a bar.

If the business needed to have people come in to test drinks,

this was acceptable but it would be preferable to have the

opening hours reduced further.

She would encourage the Sub-Committee to amend the

operating hours so there would be minimal disruption caused to

neighbours.

She would request that the terminal hour for the supply of

alcohol be reduced to 19:00 or 20:00 so that children would be

able to sleep.

The noise caused by traffic and trains was not particularly

significant as this was white noise but shouting, loud talking

and music was not.

Mr John Brunton. Informed the Sub-Committee that:

The Herne Hill Society he represented did not object formally to

the application. They welcomed it and felt that it was positive

that the arches would be put to use.

The live and recorded music, indoors and outdoors and the

display of film was the most prominent concern.

Annex C in the agenda papers displayed the applicant’s

withdrawal of live record music and films.

He had attended the premises with the Herne Hill Society on 2

October 2015 and upon arrival at 18:30 found that recorded

music was playing at a loud level and not an ambient level.

This may have been an accidental occurrence. If this was to be

avoided, then a sound limiting device could be place to ensure

that the music was played at an ambient level.

With regard to supporting representations, the 2003 licensing

objectives did not include level of customer satisfaction so they

should not be considered by the Sub-Committee.

With regard to the representations made objecting to the

application, the Herne Hill Society had great sympathy with

what had been said by the previous interested parties and the

Sub-Committee needed to consider seriously the problems

which would arise with regard to a premises of this nature.

In response to questions from Members, Mr Brunton informed the Sub-Committee that:

There were 320 households who were members of the Herne

Hill Society.

Adjournment and Decision At 9:09pm, the Sub-Committee withdrew from the meeting together with the legal advisor and clerk to deliberate in private. The Sub-Committee had heard and considered representations from Ms Morris, Mr Mclean, Ms Underwood, Ms Ioannidis and Mr Brunton. Legal advice was given to the Sub-Committee on the options open to them and the need for any decision to be proportionate. The Sub-Committee decided to grant the application subject to conditions and amendments. RESOLVED: To grant the application subject to the following amendments and conditions: Amendments 1. The supply of alcohol would take place between the hours of 12:00-22:00 Monday to Saturday. 2. The provision of live music, recorded music and films would be removed from the application. Conditions Agreed Noise conditions: 1. There shall be no loud amplified music played within the premises. Background music is only permissible to safeguard the peaceful amenities of the neighbouring residential properties. 2. There shall be no speakers placed out in the courtyard. 3. All tables and chairs/benches within the premises are to remain in-situ at all times but can be changed/altered and moved around as and when required. 4. The premises shall not be used as a vertical drinking establishment. 5. Responsible drinking shall be promoted at all times. The PLH/DPS and all staff involved in the supply of alcohol shall be vigilant in preventing the

over consumption of alcohol to persons on the premises and further to ensure alcohol is not sold to street drinkers. Persons seeking alcohol for consumption off the premises shall be advised not to drink on the street and/or discard their drinking vessels on the public highway or in the front gardens/communal spaces of residential properties. 6. PLH/staff shall proactively monitor the conduct and behaviour of patrons inside the premises and the courtyard. Engagement to ensue where customers are deemed to be shouting or engaging in rowdy, anti-social behaviour to the detriment of residents within the vicinity. Those person(s) shall be asked to cease this activity and/or disperse from the premises quietly and efficiently. 7. Implement a dispersal policy from 22:00hrs to ensure all patrons leave the premises and vicinity as quietly and speedily as possible. Ensure that patrons are verbally advised by management/staff upon leaving to be mindful of the neighbouring residents so as not to disturb the peace. 8. Any tables & chairs/benches placed outside in the external courtyard shall be brought inside the premises at the terminal hour Monday to Sunday. 9. There shall be no emptying of bottle banks between the hours of 22:00 – 09:00hrs Monday to Sunday. Agreed Police Conditions: Protection of Children from Harm 1. The premises shall adopt an age verification policy set at a minimum of 25 years, whereby any person attempting to buy alcohol who appears to be under 25 (or the age set by the policy) will be asked for photographic ID to prove their age. 2. The only form of ID that will be accepted are passports, driving licences with a photograph or Citizen card or validated proof of age cards bearing the “PASS” mark hologram. The list of approved ID may be amended or revised subject to prior written agreement with Metropolitan Police Service. 3. Signage advertising the “Challenge” policy will be displayed in prominent locations in the premises and shall include the point of sale and the area where the alcohol is displayed, as a minimum 4. All staff members engaged, or to be engaged, in selling alcohol on the premises shall receive full training pertinent to the Licensing Act, specifically in regard age-restricted sales, and the refusal of sales to persons believed to be under the influence of alcohol or drugs. Induction training must be completed and refresher training thereafter at intervals of no more than twelve (12) weeks. All restricted sales training undertaken by staff members shall be fully documented and signed by the employee and the DPS. All training records shall be made immediately available upon request to the Local Authority Licensing Officers and Metropolitan Police Licensing Officers. Prevent Public Nuisance 5. The premises shall at all times maintain and operate a sales refusals log and an incident log will be kept on the premises to record all refusals

and incidents of crime or disorder. These shall be reviewed and signed by the Designated Premises Supervisor at intervals of no more than four (4) weeks. Feedback shall be given to staff to ensure these are used on each occasion that a refusal or incident occurs at the premises. These records shall be made immediately available upon request to the Local Authority Licensing Officers and Metropolitan Police Licensing Officers. 6. Patrons shall be requested not to congregate outside the premises and to leave the premises quietly. Notices to this effect must be prominently displayed at the entrances of the premises. 7. No open vessels shall be allowed off the premises. 8. The premises shall undertake routine litter-picks to the immediate area during the business trading hours and at the terminal hour to remove all discarded litter, food waste/packaging, drinking vessels and cigarette butts. Prevention of Crime & Disorder 9. Digital CCTV and appropriate recording equipment to be installed in accordance with Home Office Guidelines relating to UK Police Requirements for Digital CCTV System, operated and maintained throughout the premises internally and externally to cover all public areas, including the entrance to the premises and shall as a minimum cover the counter and the entrances/exits. The system shall be on and recording at all times the premises license is in operation. Page 174 10. The CCTV cameras and recording equipment must be of sufficient quality to work in all lighting levels inside the premises at all times. 11. CCTV footage will be stored for a minimum of 31 days 12. The management will give full and immediate cooperation and technical assistance to the Police in the event that CCTV footage is required for the prevention and detection of suspected or alleged crime. 13. The CCTV images will record and display dates and times, and these times will be checked regularly to ensure their accuracy. 14. Subject to Data Protection guidance and legislation, the management of the premises will ensure that key staff are fully trained in the operation of the CCTV, and will be able to download selected footage onto a disk or USB stick for the police without difficulty or delay and without charge to Metropolitan Police Service. 15. Any breakdown or system failure will be notified to the police immediately & remedied as soon as practicable. Public Safety 16. No beers, lagers or ciders will be sold in cans with an Alcohol By Volume (ABV) in excess of 6 % or in bottles larger than 750ml with an ABV in excess of 6% 17. No beer or cider cans to be sold in single units. Beer and cider only be sold in multiple packs of a minimum of 4 cans. 18. No miniature bottles of alcohol to be supplied. (25ml - 50ml).

19. Alcohol shall not be located in the immediate vicinity of the entrances and exits to the premises, but shall be in an area in which it shall be monitored by staff on a frequent and daily basis while licensable activities are taking place. 20. At all times the premises is open and undertaking licensable activity, members of staff engaged in the sale of alcohol must be able to communicate sufficiently to enable them to promote the four licensing objectives and to make an effective challenge. 21. Spirits, will only be displayed behind the till counter and will not be directly accessible to members of the public. 22. When it has been identified by Metropolitan Police Service or Local Authority that there is a significant risk, SIA door supervisor(s) shall be employed. 23. Those performing the role of SIA Door Supervisor will not perform any other role when engaged for the purpose of Door Supervision activities. 24. A Personal Licence Holder or Designated supervisor must be on site whilst licensable activities are taking place. 25. All staff members employed at the premises must have emergency contact numbers for the Premises Licence Holder or delegated responsible person readily available while operating under the premises licence. 26. An incident register will be kept on the premises to record all incidents of crime or disorder. This shall be made available upon request to the Local Authority Licensing Officers and Metropolitan Police Licensing Officers. 27. The Premises will be an active member of a Business Crime Reduction Partnership or similar group where there is one in operation. Announcement of Decision Members returned to the meeting and the Chair informed those present of the decision to grant the application. The Sub-Committee had considered all the options available to them and ultimately felt that the applicant was able to address the concerns which had been raised. The Chair confirmed that written notification of the decision be sent in due course. Full reasons for the decision would be made available in due course.

The meeting ended at 9:25pm

CHAIR LICENSING SUB-COMMITTEE

Tuesday 1 December 2015 Date of Despatch: Thursday 19 November 2015 Contact for Enquiries: Nazyer Choudhury

Tel: 020 7926 0028 Fax: (020) 7926 2361 E-mail: nchoudhury@lambeth.gov.uk Web: www.lambeth.gov.uk

The action column is for officers' use only and does not form a part of the formal record.

1

Representation against the variation application for a premises licence for Omnibus -

Clapham Library 1 Clapham Common North Side London

My name is Robert Gardner, Licensing Principal Officer and Licensing Manager and I am

making a representation against this application under the licensing objectives concerning

the Prevention of Public Nuisance and the Protection of children from harm.

Cumulative Impact Area (Saturation Zone)

The premises is not within the cumulative impact area zone as identified within the current

Council’s statement of licensing policy on page 32.

Classification of Area within the policy

According to the current Licensing Policy, Appendix 3 page 34 this area is designated as

local centre/shopping parades.

Classification of Premises within the policy

Appendix 4, page 36 of the policy classifies this as a restaurant and café. The policy further

states in regard of this type of premises the following:

That alcohol is sold to accompany food,

That there should be no drinking at bar,

That there should be a significant food offer and

that it may provide limited live music

Recommended Operational Hours within the policy

The terminal hours applied for in the application falls inside of the recommended terminal

hours for a premises under the above classification in the policy. The recommended hours

in the policy are:-

Sunday - Thursday 23:00

Friday – Saturday 00:00 (Midnight)

The variation concerns the following:

The removal of the second sentence in annex 3 Noise Team – condition 6 – "the use

of this area (the front garden) shall cease at 22:00 hours."

Current licensable hours and activities on the licence:

Plays, Films, Live Music, Recorded Music, Performances of Dance, Supply of Alcohol

Friday & Saturday 11:00 - 00:00

Sunday - Thursday 11:00 - 23:00

Late Night Refreshment

Friday & Saturday 23:00 - 00:00

Obection Rep 4

2

Non- Standard Timings

The premises have not applied for non-standard timings.

Operational Schedule

The application is for an existing licence therefore the applicant has said the current

operating procedures, conditions and policies will continue to apply.

Although the licence has conditions we feel that the following should be added on the

licence for the prevention of public nuisance and the Protection of children from harm.

Prevention of Public Nuisance

The premises shall prominently display signage informing customers at the entrance/exit:-

• To leave quietly and to respect your neighbours.

• Stating that CCTV is in operation and police have instant access to the footage.

• Any person found carrying weapons or illegal drugs will be permanently excluded

and the police will be informed.

The licensee will ensure that there is no vertical drinking outside.

All patrons using the outside space must be seated and have a maximum capacity of 30

persons.

The drinking vessels used outside should be Perspex and bottles should be decanted.

All tables and chairs outside will be fixed and there shall be no more than 8 tables.

Protection of children from harm

Children (under the age of 18) should not be allowed to use the front area unaccompanied

and must not use it after 9pm.

Children not allowed out there at a certain time